State v. Lori T.

Summary

The court affirmed the defendant’s convictions for three counts of custodial interference in the second degree. It held that the statute’s prohibition on refusing to return a child includes declining to take affirmative steps to return the child after the lawful custodian requests return, and that this application was neither vague nor subject to arbitrary enforcement. The court also held that the evidence permitted the jury to find that the defendant refused to return the children by allowing them to determine whether to comply with the custody order.