in-state custodial interference; penalty

Plain English Breakdown

The official source material does not provide specific details about the fiscal impact of the legislation.

In-State Custodial Interference; Penalty

This bill establishes penalties for taking a child away from their lawful custodian within Arizona without legal right.

What This Bill Does

• Defines in-state custodial interference as when someone takes, entices, or keeps a child from the lawful custody of a parent, guardian, or custodian knowing they have no legal right to do so with intent to interfere with a lawful custody order.
• Imposes a $500 civil penalty for a first violation within 10 years if it is not a felony offense.
• Makes third or subsequent violations a class 6 felony.

Who It Names or Affects

• Parents, guardians, and custodians involved in custody disputes.
• People who take children away from their lawful custodian without legal right within Arizona.

Terms To Know

Custodial Interference

Taking a child away from the person legally responsible for them, like a parent or guardian.

Civil Penalty

A fine imposed by law to punish someone who breaks a rule but is not considered a criminal offense.

Limits and Unknowns

• The bill does not specify the exact penalties for violations outside of Arizona.
• It does not address situations where taking a child away might be necessary to protect them from immediate danger.

Official Summary Text

SB1666 - 572R - Senate Fact Sheet

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ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
S.B. 1666

in-state custodial
interference; penalty

Purpose

Effective
January 1, 2027, establishes the criminal classification of
in-state
custodial interference
.

Background

A person commits

custodial interference
if the person, knowing or having reason to know
that the person has no legal right to do so: 1) takes, entices or keeps from
lawful custody any child, or any person who is incompetent, and who is
entrusted by authority of law to the custody of another person or institution;
2) takes, entices or withholds any child from the other parent denying that
parent access to any child before the entry of a court order determining
custodial rights;

3)

takes, entices or withholds from physical custody the
child from the other custodian if the person is one of two persons who have
joint legal custody of a child; or 4) intentionally fails or refuses to return
or impedes the return of a child to the lawful custodian at the expiration of
access right outside of Arizona. It is a defense to a
custodial interference

prosecution that the defendant is the child's parent and has right of
custody, has begun the process to obtain an order of protection and is either
the victim of domestic violence or has reason to believe that taking the child
is necessary to protect the child from immediate danger.

Violations of
custodial
interference
are classified as: 1) a class 3 felony if committed by a
person other than the parent or agent of the parent or custodian; 2) a class 4
felony if the child or incompetent person is taken, enticed or kept from lawful
custody out of Arizona by the parent or agent of the parent or custodian; 3) a
class 6 felony if committed by a parent or agent of the parent or custodian; or
4) a class 1 misdemeanor if the child or incompetent person is voluntarily
returned without physical injury by the parent or defendant or the agent of the
parent or defendant no later than 48 hours after the parent or defendant takes,
entices or keeps from lawful custody the child or incompetent person (
A.R.S.
� 13-1302
).

There is no
anticipated fiscal impact to the state General Fund associated with this
legislation.

Provisions

1.

Establishes the criminal classification of
in-state custodial
interference
, which a person commits by taking, enticing or keeping a child
from the lawful custody of a parent, legal guardian or lawful custodian, while
knowing or having reason to know that the person has no legal right to do so
with intent to interfere with a lawful custody order.

2.

Subjects a person who commits a first violation of
in-state custodial
interference
, or a second violation committed within 10 years of the first
violation, to a civil penalty of $500.

3.

Classifies a third or subsequent violation of
in-state custodial
interference
as a class 6 felony.

4.

Becomes effective on January 1, 2027.

Prepared by Senate Research

February 16, 2026

ZD/ci

Current Bill Text

SB1666 - 572R - S Ver

Senate Engrossed

in-state custodial
interference; penalty

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1666

AN
ACT

amending title 13, chapter 13, Arizona
Revised Statutes, by adding section 13-1311; relating to crimes.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Title 13, chapter 13, Arizona
Revised Statutes, is amended by adding section 13-1311, to read:

START_STATUTE
13-1311.

In-state custodial interference; civil liability;
classification

A. A PERSON COMMITS IN-STATE
CUSTODIAL INTERFERENCE IF, KNOWING OR HAVING REASON TO KNOW THAT THE PERSON HAS
NO LEGAL RIGHT TO DO SO, THE PERSON, WITH THE INTENT TO INTERFERE WITH A LAWFUL
CUSTODY ORDER, TAKES, ENTICES OR KEEPS FROM LAWFUL CUSTODY in this state ANY
CHILD FROM THE child's PARENT, LEGAL GUARDIAN OR LAWFUL CUSTODIAN.

b. A PERSON WHO IS FOUND RESPONSIBLE
FOR A FIRST VIOLATION OF THIS SECTION or a second violation of this section
committed within ten years after the first violation IS SUBJECT TO A CIVIL
PENALTY of $500.

C. A third or subsequent violation of
this section is a class 6 felony.
END_STATUTE

Sec. 2.
Effective date

Section 13-1311, Arizona Revised
Statutes, as added by this act, is effective from and after December 31, 2026.