Section 71.9 Criminal Code Act | Kidnapping UN or Associated Person


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The Legislation

Section 71.9 of the Criminal Code Act 1995 (Cth) is Kidnapping UN or Associated Person and is extracted below.

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71.9  Kidnapping a UN or associated person

(1)  A person is guilty of an offence if:

(a)  the person takes or detains another person without his or her consent; and

(b)  that other person is a UN or associated person; and

(c)  the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and

(d)  the first-mentioned person takes or detains the UN or associated person with the intention of:

(i)  holding him or her to ransom or as a hostage; or

(ii)  taking or sending him or her out of the country; or

(iii)  committing a serious offence against him or her or another person.

Maximum penalty: Imprisonment for 15 years.

Maximum penalty (aggravated offence): Imprisonment for 19 years.

Note 1:       Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

Note 2:       Section 71.13 defines aggravated offence.

(2)  Strict liability applies to paragraphs (1)(b) and (c).

(3)  In this section, serious offence means an offence under a law of the Commonwealth, a State or Territory or a foreign law the maximum penalty for which is death, or imprisonment for not less than 12 months.