What constitutes Misdemeanor Custodial Interference in New York?

• A. Taking a relative under 16 from lawful custodian with intent to hold for a protracted period
• B. Abducting a relative over 18 with no intent
• C. Restraining a person in a crowd
• D. Hiding a relative temporarily

Answer: (A)

In New York, Custodial Interference criminalizes taking a child from the lawful custodian when the child is under a certain age and the taker intends to deprive the custodian of custody for a protracted period. For the misdemeanor version, the key elements are: the child is under 16, the person taking is not the lawful custodian, the act involves taking the child away from the lawful custodian, and there is an intent to hold the child for a protracted period rather than just briefly detaining them.

The described scenario fits all of those elements: a relative under 16 is taken from the lawful custodian, with the intent to hold the child for a protracted period. That makes it the misdemeanor custodial interference.

The other options don’t align with these elements. Abducting a relative over 18 doesn’t meet the age threshold and lacks the required custody framework. Restraining a person in a crowd isn’t about removing a child from a custodian. Hiding a relative temporarily could be a different offense, and without the stated protracted intent or the age requirement, it wouldn’t satisfy the specific misdemeanor custodial interference criteria.