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STATE v. DISTRICT COURT

No. A-6915.

962 P.2d 895 (1998)

STATE of Alaska, Appellant, v. DISTRICT COURT, Appellee.

Court of Appeals of Alaska.

July 17, 1998.

Attorney(s) appearing for the Case

Eric A. Johnson, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellant.

Joseph W. Evans, Birch, Horton, Bittner & Cherot, for Appellee.

Before COATS, C.J., and MANNHEIMER and STEWART, JJ.

OPINION

STEWART, Judge.

As defined in AS 11.41.330(a), the offense of custodial interference is committed when any relative of a child "takes, entices, or keeps that child ... from a lawful custodian," if the relative knows that they have no legal right to do this and if the relative's intent is to hold the child for a protracted period. Under AS 11.41.320(a), the offense becomes custodial interference in the first degree—a class C felony&...

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