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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 21, § 21-567A: Violation of child custody order – Affirmative defense –

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  1. OK Code
  2. Title 21

Emergency or protective custody.

A. Any parent or other person who violates an order of any

court of this state granting the custody of a child under the age of

eighteen (18) years to any person, agency, institution, or other

facility, with the intent to deprive the lawful custodian of the

custody of the child shall, upon conviction, be guilty of a Class D3

felony offense and shall be punished by imprisonment as provided for

in subsections B through F of Section 20P of this title. The fine

for a violation of this subsection shall not exceed Five Thousand

Dollars ($5,000.00).

B. The offender shall have an affirmative defense if the

offender reasonably believes that the act was necessary to preserve

the child from physical, mental, or emotional danger to the child’s

welfare and the offender notifies the local law enforcement agency

nearest to the location where the custodian of the child resides.

C. If a child is removed from the custody of the child’s lawful

custodian pursuant to the provisions of this section any law

enforcement officer may take the child into custody without a court

order and, unless there is a specific court order directing a law

enforcement officer to take the child into custody and release or

return the child to a lawful custodian, the child shall be held in

emergency or protective custody pursuant to the provisions of

Section 1-4-201 of Title 10A of the Oklahoma Statutes.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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