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ISSUE: 24-hour defense to the offense of Harboring Runaway Child LAW: It is a defense to prosecution under 25.06 of the Penal Code that the actor notified a law enforcement agency or a person at the child's home of the presence of the child within 24 hours after discovering that the child had escaped from custody or a law enforcment agency or a person at the child's home of the presence of the child within 24 hours after discovering that the child was voluntarily absent from home without the consent of the child's parent or guardian. QUESTION: What if the defendant was notified by police to call 911 immediately, when the defendant came into contact with the runaway child, and, at the time, the runaway child was with the defendant; 12 hours later, the runaway is with the defendant, when the parent finds the defendant with the runaway child and the parent calls 911? Does the defense apply because, technically, the defendant's 24 hours had not run? | ||
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It does not sound to me like your actor ever notified anyone of the presence of the child. | |||
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