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Child Stealing Crimes in Iowa

Iowa law provides for several different types of child stealing crimes including violating a custodial order by a relative and harboring a runaway child. The dedicated violent crimes attorneys at in Pok County represent men and women on these serious charges.

Child Stealing Des Moines Lawyer

In many of these cases the allegations arise out of a custody battle between the parents of the children. Step-parents and other concerned relatives can often get caught up in the charges related to interrance with a child custody order. Call McCarthy & Hamrock, P.C. at (515) 279-9700 to discus your case throughout the greater Des Moines and West Des Moines area including Polk County, Dallas County, Warren County, Madison County and Guthrie County, Iowa.


Overview on Child Stealing in De Moines


Statutory Elements of Child Stealing

Under Iowa Code section 710.5, the criminal offense of child stealing requires proof beyond all reasonable doubt of the following elements:

  1. The defendant acted fraudulently or forcibly to either take, entice or decoy a child away from the child’s custodian;
  2. At the time, the defendant knew that he or she had no authority to take the child.
  3. The child was under the age of fourteen years.
  4. The defendant did so with the intent to detain or conceal the child from the child’s custodian.
  5. The purpose of the taking was:
    • For the sole purpose of assuming custody and the the defendant was not a relative of the child; or
    • Not for the sole purpose of assuming custody and the defendant was a relative of the child.
  6. The child’s custodian had lawful custody of the child (although this element may not be appropriate where the custodian is a guardian or parent).

The standard jury instructions for Child Stealing under Iowa Code section 710.5 are found at 1000.9.


Violating Custodial Order By Relative

Iowa Code section 710.6 prohibits violating a custodial order by a relative. Proof of violating a custodial order by a relative under Iowa Code section 710.6 requires proof of the following elements beyond all reasonable doubt:

  1. The custodian had custody or physical care of the child by court order.
  2. Defendant was a relative of the child.
  3. The defendant took and concealed the child from the custodian in violation of a court order.
  4. At the time, the child was under the age of fourteen.

Harboring A Runaway Child

Harboring A Runaway Child under Iowa Code section 710.8 requires proof beyond all reasonable doubt of the following elements:

  1. The defendant provided aid to, supported, or sheltered the child;
  2. Defendant intended to commit a criminal act either involving the child or by forcing or enticing the child to commit a criminal act;
  3. At the time of the offense, the child was under eighteen years of age.
  4. The child was voluntarily absent from his or her home without the consent of the child’s parent, guardian, or custodian.

Serving Clients in Polk County Accused of Child Stealing 

If you were charged with child stealing or a related offense under Iowa law for violating a custodial order by a relative or harboring a runaway child then contact an experienced criminal defense attorney at McCarthy & Hamrock, P.C.. Our lawyers represent men and women throughout the greater Des Moines and West Des Moines area including Polk County, Warren County, Madison County, Dallas County, and Guthrie County, Iowa.

Tell Us About Your Case

How would you like to be contacted?

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

* All fields are required.

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