Section 268.7 Criminal Code Act | Genocide by Forcibly Transferring Children


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The Legislation

Section 268.7 of the Criminal Code Act 1995 (Cth) is Genocide by Forcibly Transferring Children and is extracted below.

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268.7  Genocide by forcibly transferring children

(1)  A person (the perpetrator) commits an offence if:

(a)  the perpetrator forcibly transfers one or more persons; and

(b)  the person or persons belong to a particular national, ethnical, racial or religious group; and

(c)  the perpetrator intends to destroy, in whole or in part, that national, ethnical, racial or religious group, as such; and

(d)  the transfer is from that group to another national, ethnical, racial or religious group; and

(e)  the person or persons are under the age of 18 years; and

(f)  the perpetrator knows that, or is reckless as to whether, the person or persons are under that age.

Penalty:  Imprisonment for life.

(2)  In subsection (1):

forcibly transfers one or more persons includes transfers one or more persons:

(a)  by threat of force or coercion (such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power) against the person or persons or against another person; or

(b)  by taking advantage of a coercive environment.