565.153. 1. In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the crime of parental kidnapping if he removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child.
2. Parental kidnapping is a class D felony, unless committed by detaining or concealing the whereabouts of the child for:
(1) Not less than sixty days but not longer than one hundred nineteen days, in which case, the crime is a class C felony;
(2) Not less than one hundred twenty days, in which case, the crime is a class B felony.
3. A subsequently obtained court order for custody or visitation shall not affect the application of this section.
(L. 1988 H.B. 1272, et al. § 2, A.L. 2008 S.B. 714, et al.)
Missouri General Assembly