§ 2406. Unlawful restraint in the second degree (a) A person commits the crime of unlawful restraint in the second degree if the person: (1) not being a relative of a person under the age of 18, knowingly takes, entices, or harbors that person, without the consent of the person’s custodian, knowing that he or she has no right to do so; or (2) knowingly takes or entices from lawful custody or harbors any person who is mentally incompetent, or other person entrusted by authority of law to the custody of another person or an institution, without the consent of the person or institution, knowing that he or she has no right to do so; or (3) knowingly restrains another person. (b) It is a defense to a prosecution under this section that the defendant acted reasonably and in good faith to protect the person from imminent physical or emotional danger. (c) Unlawful restraint in the second degree is punishable by imprisonment for not more than five years or a fine of not more than $25,000.00, or both.
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