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MI NM M111 NM EN NEI NM MN MN NM 111•1 111111 11111 11111 MS <br /> Section 36: Custodial Interference <br /> 1. A relative of a person is guilty of custodial interference if, with the intent <br /> to deny access to such person by a parent, guardian, institution, agency, or <br /> other person having a lawful right to physical custody of such person, the <br /> relative takes, entices, retains, detains, or conceals the person from a <br /> parent, guardian, institution, agency, or other person having a lawful right <br /> to physical custody of such person. <br /> 2. Custodial interference is a gross misdemeanor. <br /> 3. In any prosecution of custodial interference it is a complete defense, if <br /> established by the defendant by a preponderance of the evidence, that the <br /> defendant's purpose was to protect the child, incompetent person, or himself <br /> or herself from imminent physical harm, and that the belief in the existence <br /> of the imminent physical harm was reasonable. <br /> 4. Consent of a child less than sixteen years of age or of an incompetent <br /> person does not constitute a defense to custodial interference. <br /> 5. Any reasonable expenses incurred in locating or returning a child or <br /> incompetent person shall be assessed against a defendant convicted of <br /> custodial interference. <br /> -39- <br />