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A. A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent’s permission, and if the person intentionally:

1. Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or

2. Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or

3. Obstructs a law enforcement officer from taking the minor into custody; or

4. Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.

B. It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.

C. Harboring a minor is punishable as a misdemeanor if the offender has not been previously convicted under this section and a gross misdemeanor if the offender has been previously convicted under this section.

D. As used in this section, “minor” means any person less than eighteen years of age. (Ord. 1145-85 § 83, 1985.)