Amends and adds to existing law to provide for penalties, enforcement requirements, and affirmative defenses regarding child custody interference.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 668 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO CHILD CUSTODY INTERFERENCE; PROVIDING LEGISLATIVE INTENT;2 AMENDING SECTION 18-4506, IDAHO CODE, TO REVISE PROVISIONS REGARD-3 ING CHILD CUSTODY INTERFERENCE AND TO ESTABLISH PROVISIONS REGARDING4 PENALTIES AND ENFORCEMENT; AND DECLARING AN EMERGENCY AND PROVIDING AN5 EFFECTIVE DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. LEGISLATIVE INTENT. It is the intent of the Legislature to8 strengthen Idaho's child custody interference law by clarifying enforcement9 duties, providing uniform guidance, establishing objective timelines for10 response and compliance, and implementing a graduated penalty structure11 that ensures proportional accountability. The Legislature affirms that12 child custody interference is a criminal offense under Title 18, Idaho Code,13 and is distinct from kidnapping. The Legislature further intends to ensure14 that children subject to custodial interference receive prompt welfare15 checks.16

SECTION 2. That Section 18-4506, Idaho Code, be, and the same is hereby17 amended to read as follows:18 18-4506. CHILD CUSTODY INTERFERENCE DEFINED -- DEFENSES -- PUNISH-19 MENT. 1. (1) A person commits child custody interference if the person,20 whether a parent or other, or agent of that person, intentionally and without21 lawful authority:22 (a) Takes, entices away, keeps or withholds any minor child from a23 parent or another person or institution having custody, joint cus-24 tody, visitation or other parental rights, whether such rights arise25 from temporary or permanent custody order, or from the equal custodial26 rights of each parent in the absence of a custody order; or27 (b) Takes, entices away, keeps or withholds a minor child from a parent28 after commencement of an action relating to child visitation or custody29 but prior to the issuance of an order determining custody or visitation30 rights.31 2. (2) It shall be an affirmative defense to a violation of the provi-32 sions of subsection 1. (1) of this section and the charged party has the bur-33 den to establish that:34 (a) The action is taken to protect the child from imminent physical35 harm;36 (b) The action is taken by a parent fleeing from imminent physical harm37 to himself;38 (c) The action is consented to by the lawful custodian of the child; or39 (d) The child is returned within twenty-four (24) hours after expira-40 tion of an authorized visitation privilege.41

2 (d) Compliance with a custody order at the specified time was tem-1 porarily impracticable due to circumstances beyond the control of the2 charged party, provided that any of the following are established:3 (i) The circumstance was not reasonably avoidable through or-4 dinary planning or diligence at the time compliance was required5 and was not based on speculation, prediction, or hindsight assess-6 ment;7 (ii) The circumstance rendered timely compliance objectively im-8 practicable or unsafe and was not based on personal convenience,9 preference, or disagreement with the custody order;10 (iii) The failure to comply did not extend beyond the period dur-11 ing which compliance was actually impracticable or unsafe, and12 compliance was resumed at the earliest feasible time;13 (iv) The charged party made reasonable and timely efforts to no-14 tify the other parent of the delay and the reason for it as soon as15 practicable;16 (v) The charged party took reasonable steps to mitigate the de-17 lay and to minimize interference with the other parent's custodial18 time; or19 (vi) The circumstance was not used as a pretext to withhold the20 child or to interfere with the other parent's custodial rights.21 (3) A temporary delay attributable solely to circumstances meeting22 the requirements of subsection (2)(d) of this section does not constitute23 child custody interference where, based on objective and contemporaneously24 observable conditions, a law enforcement officer has no reasonable basis to25 doubt the explanation provided, and the officer may document the encounter26 by incident report rather than issuing a citation or offense report, without27 limiting future enforcement if a violation is later established.28 3. A violation of the provisions of subsection 1. of this section shall29 be a felony, unless the defendant did not take the child outside the state,30 and the child was voluntarily returned unharmed prior to the defendant's ar-31 rest in which case the violation shall be reduced to a misdemeanor.32 4. (4) Any reasonable expenses incurred by a lawful custodian in locat-33 ing or attempting to locate a child taken in violation of the provisions of34 subsection 1. of this section may be assessed against the defendant at the35 court's discretion in accordance with chapter 53, title 19, Idaho Code.36 (5)(a) A person guilty of child custody interference shall be punished37 as follows:38 (i) For a first offense, such person shall be subject to an in-39 fraction punishable by a fine not to exceed one hundred dollars40 ($100).41 (ii) For a second offense, such person shall be subject to an in-42 fraction punishable by a fine not to exceed three hundred dollars43 ($300).44 (iii) For a third and fourth offense, such person shall be guilty45 of a misdemeanor punishable by a fine not to exceed one thousand46 dollars ($1,000), imprisonment not to exceed two (2) days, or both47 such fine and imprisonment.48 (iv) For a fifth offense and subsequent offenses, such person49 shall be guilty of a felony punishable by a fine not to exceed five50

3 thousand dollars ($5,000), imprisonment not to exceed one (1)1 year, or both such fine and imprisonment.2 (b) For any report of child custody interference, law enforcement offi-3 cers shall:4 (i) Verify the location of the minor child, if possible;5 (ii) Check the safety and well-being of the child; and6 (iii) Complete a written offense report based on the law enforce-7 ment officer's findings. Such report shall include, at a minimum:8 1. The date and time of the safety check;9 2. The location of the child;10 3. The observable physical condition of the child; and11 4. Any statements made by the child or caregivers relevant12 to the child's safety or well-being.13 (6) Additional periods of physical custody or visitation of the minor14 child to compensate for the denial of physical custody or visitation to the15 lawful custodian of the minor child in violation of this section shall be16 governed pursuant to chapter 7, title 32, Idaho Code.17

SECTION 3. An emergency existing therefor, which emergency is hereby18 declared to exist, this act shall be in full force and effect on and after19 July 1, 2026.20