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2002 SESSION

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CHAPTER 576 An Act to amend and reenact § 18.2-49.1 of the Code of Virginia, relating to violation of a court order regarding custody and visitation. [H 416] Approved April 6, 2002

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-49.1 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-49.1. Violation of court order regarding custody and visitation; penalty.

A. Any person who knowingly, wrongfully and intentionally withholds a child from the child's custodial parent in a clear and significant violation of a court order respecting the custody or visitation of such child, provided such child is withheld outside of the Commonwealth, shall be is guilty of a Class 6 felony.

B. Any person who knowingly, wrongfully and intentionally engages in conduct which that constitutes a clear and significant violation of a court order respecting the custody or visitation of a child shall be is guilty of a Class 4 3 misdemeanor upon conviction of a first offense. Any person who commits a second conviction for a violation of this section within twelve months of a first conviction shall be is guilty of a Class 3 2 misdemeanor, and a third conviction any person who commits a third violation occurring within twenty-four months of the first conviction shall be is guilty of a Class 2 1 misdemeanor.