# Cal. PEN § 278.7: Section 278.7

> California · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_CA_Cpen_P1_T9_C4_S278.7

## Section

- **Citation:** Cal. PEN § 278.7
- **Heading:** Section 278.7
- **Jurisdiction:** California
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** California Code / Code pen / Part 1 / Title 9 / Chapter 4 / Section 278.7

## Text

(a) Section 278.5 does not apply to a person with a right to custody of a child who, with a good faith and reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm, takes, entices away, keeps, withholds, or conceals that child.

(b) Section 278.5 does not apply to a person with a right to custody of a child who has been a victim of domestic violence who, with a good faith and reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm, takes, entices away, keeps, withholds, or conceals that child. “Emotional harm” includes having a parent who has committed domestic violence against the parent who is taking, enticing away, keeping, withholding, or concealing the child.

(c) The person who takes, entices away, keeps, withholds, or conceals a child shall do all of the following:

(1) Within a reasonable time from the taking, enticing away, keeping, withholding, or concealing, make a report to the office of the district attorney of the county where the child resided before the action. The report shall include the name of the person, the current address and telephone number of the child and the person, and the reasons the child was taken, enticed away, kept, withheld, or concealed.

(2) Within a reasonable time from the taking, enticing away, keeping, withholding, or concealing, commence a custody proceeding in a court of competent jurisdiction consistent with the federal Parental Kidnapping Prevention Act (Section 1738A, Title 28, United States Code) or the Uniform Child Custody Jurisdiction Act (Part 3 (commencing with Section 3400) of Division 8 of the Family Code).

(3) Inform the district attorney’s office of any change of address or telephone number of the person and the child.

(d) For the purposes of this article, a reasonable time within which to make a report to the district attorney’s office is at least 10 days and a reasonable time to commence a custody proceeding is at least 30 days. This section shall not preclude a person from making a report to the district attorney’s office or commencing a custody proceeding earlier than those specified times.

(e) The address and telephone number of the person and the child provided pursuant to this section shall remain confidential unless released pursuant to state law or by a court order that contains appropriate safeguards to ensure the safety of the person and the child.

## Nearby sections

- [Cal. PEN § 277 Section 277](https://www.frixlaw.com/law-library/statutes/STATE_CA_Cpen_P1_T9_C4_S277.md)
- [Cal. PEN § 278 Section 278](https://www.frixlaw.com/law-library/statutes/STATE_CA_Cpen_P1_T9_C4_S278.md)
- [Cal. PEN § 278.5 Section 278.5](https://www.frixlaw.com/law-library/statutes/STATE_CA_Cpen_P1_T9_C4_S278.5.md)
- [Cal. PEN § 278.6 Section 278.6](https://www.frixlaw.com/law-library/statutes/STATE_CA_Cpen_P1_T9_C4_S278.6.md)
- [Cal. PEN § 278.7 Section 278.7](https://www.frixlaw.com/law-library/statutes/STATE_CA_Cpen_P1_T9_C4_S278.7.md)
- [Cal. PEN § 279 Section 279](https://www.frixlaw.com/law-library/statutes/STATE_CA_Cpen_P1_T9_C4_S279.md)
- [Cal. PEN § 279.1 Section 279.1](https://www.frixlaw.com/law-library/statutes/STATE_CA_Cpen_P1_T9_C4_S279.1.md)
- [Cal. PEN § 279.5 Section 279.5](https://www.frixlaw.com/law-library/statutes/STATE_CA_Cpen_P1_T9_C4_S279.5.md)
- [Cal. PEN § 279.6 Section 279.6](https://www.frixlaw.com/law-library/statutes/STATE_CA_Cpen_P1_T9_C4_S279.6.md)
- [Cal. PEN § 280 Section 280](https://www.frixlaw.com/law-library/statutes/STATE_CA_Cpen_P1_T9_C4_S280.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CA_Cpen_P1_T9_C4_S278.7. Check the current official text before relying on it. Not legal advice.