Whether a defendant is 'fleeing an incidence or pattern of domestic violence' under § 1204(c)(2) if she is fleeing domestic violence against her child

The International Parental Kidnapping Act criminalizes removing a child from the United States “with intent to obstruct the lawful exercise of parental rights.” 18 U.S.C. § 1204. It is an affirmative defense, however, that the defendant “was fleeing an incidence or pattern of domestic violence.” Id. § 1204(c)(2). Until this case, court s uniformly allowed defendants to assert this defense based on evidence they were fleeing domestic violence directed either at themselves or their children. The courts below, however, barred Petitioner Kira Zielinski from presenting evidence that she fled to Mexico with her four -yearold son because she believed he was being sexually abused by her former spouse . Deprived of her only defense, Ms. Zielinski was convicted under § 1204. The question presented is: Whether a defendant is “fleeing an incidence or pattern of domestic violence” under § 1204(c)(2) if she is fleeing domestic violence against her child.