Section 87 Crimes Act | Child Abduction


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The Legislation

Section 87 of the Crimes Act is the offence of Child Abduction and is extracted below.

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87 Child abduction

(1) A person who takes or detains a child with the intention of removing or keeping the child from the lawful control of any person having parental responsibility for the child, without the consent of that person, is liable to imprisonment for 10 years.

(2) A person who takes or detains a child with the intention of stealing from the child is liable to imprisonment for 10 years.

(3) In this section:”child” means a child 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 a person and causing the child to be taken.

(4) In this section, a reference to a person who has parental responsibility for a child is a reference to:
(a) 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
(b) a person authorised to be the carer of the child under an Act relating to the care and protection of children.