(1) A person commits the offense of custodial interference when, with the intent to deprive another person or public agency of any custodial rights, the person maliciously takes, detains, entices, or conceals, either within or outside the exterior boundaries of the Reservation, any person under the age of 16, any incompetent person, any elder subject to an elder protection order, or any person entrusted by authority of law to the custody of another person or institution.

(2) Expenses incurred in locating and regaining physical custody of the person taken, enticed or kept in violation of this section are “pecuniary damages” for purposes of restitution.

(3) Custodial interference is a Class E offense.