The offence of child abduction is outlined under Section 87 of the Crimes Act 1900 (NSW).

Elements

A person commits this offence if they take or detain a child with the intention of removing the child from, or keeping the child away from, the lawful control of someone who has parental responsibility for the child, without that person’s consent.

A person also commits an offence if they take or detain a child with the intention of stealing from the child.

Penalty

A person can be liable to imprisonment for 10 years for the offence.

Definitions

Under this section:

A child is a person under the age of 12 years.

Detaining a child includes causing the child to remain where he or she is.

Taking a child includes causing the child to accompany someone and causing the child to be taken.

A person who has parental responsibility for a child is a reference to:

• a person who has, in relation to a child, all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children, or
• a person authorised to be the carer of the child under an Act relating to the care and protection of children.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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