32-22-38. Removing or concealing prisoner to avoid writ - Penalty.
141 words·~1 min read·
/nd/title-32/chapter-32-22-habeas-corpus/32-22-38·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Anyone having a person in custody or under restraint, power, or control, for whose relief a writ of habeas corpus is issued, who, with intent to avoid the effect of such writ, shall transfer such person to the custody, or place such person under control of another, or shall conceal such person or change the place of such person's confinement with intent to avoid the operation of such writ, or with intent to remove such person out of this state, shall be guilty of a class C felony.
In any prosecution under this section, it shall not be necessary to show that the writ of habeas corpus had issued at the time of the removal, transfer, or concealment therein mentioned, if it is proven that the acts therein forbidden were done with the intent to avoid the operation of such writ.