Jesse Quintanilla, an 18 year old, surrendered to Hall County yesterday for two different charges. Arrest warrants were put out for Quintanilla after it was reported that he punched a man and unlawfully took custody of a 16 year old girl.
Custody typically falls under a civil law realm - however, there are certain custody situations that are classified as crimes in Georgia.
Interference with Custody in Georgia
The criminal offense of interference with custody in Georgia is defined by Georgia Law as:
A person commits the offense of interference with custody when without lawful authority to do so, the person:
- Knowingly or recklessly takes or entices any child or committed person away from the individual who has lawful custody of such child or committed person;
- Knowingly harbors any child or committed person who has absconded; provided, however, that this subparagraph shall not apply to a service provider that notifies the child's parent, guardian, or legal custodian of the child's location and general state of well-being as soon as possible but not later than 72 hours after the child's acceptance of services; provided, further, that such notification shall not be required if:
- The service provider has reasonable cause to believe that the minor has been abused or neglected and makes a child abuse report
- The child will not disclose the name of the child's parent, guardian, or legal custodian; or
- The child's parent, guardian, or legal custodian cannot be reached, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the child's acceptance of services
If convicted of interference with custody in Georgia, the penalty can include up to a fine between $200.00 and $500.00 or imprisonment for one month to five months, or both a fine and prison.
As a Georgia Criminal Defense Lawyer - it is important for me to point out that there is a more severe version of this crime. If the interference involves interstate movement of the child, then it will be classified as a felony.
If you or a loved one has been arrested, contact our offices today. An arrest is not a conviction. We can help you now.