46.3534 Defenses to false imprisonment.

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(a) A person does not commit false imprisonment under 46.3533 if the person restrained is a child under the age of 17, and:

(1) a parent, guardian, or other person responsible for the general supervision of the child’s welfare has consented to the restraint; or

(2) the actor is a relative of the child; and

(A) the actor’s sole purpose is to assume control of the child; and

(B) the child is not taken out of the territory.

(b) For purposes of this section, “relative” means a parent or stepparent, ancestor, sibling, uncle or aunt, including an adoptive relative of the same degree through marriage or adoption n.

(c) The defendant has the burden of injecting the issue of a defense under this section.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 565.140.