***Please be aware this section has now been repealed and the correct and current law exists under section s49P of the Crimes Act 1958***
The new section was introduced by the Crimes Amendment (Sexual Offences) Act 2016 (No. 47 of 2016) and came into operation on 1 July 2017.
This means that where the offence date predates 1 July 2017, the prosecution must proceed under the old section. The old section is s56 of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.
Have you been charged with Abduction of a Child Under the Age of 16?
The defendant’s intention in this charge is crucial. If the defendant believed (mistakenly) that he had the parent/guardian’s consent or if the defendant did not know that the child was in the care or charge of anyone then it possible that no offence was committed.
This is an example of the type of question that needs to be considered with an experienced criminal law practitioner prior to telling the Court how you intend to plead.
Please read below for more information in relation to this charge.
The offence
Section 56 of the Crimes Act 1958.
The prosecution must prove:
The defendant took away a child;
The child was under the age of 16;
The taking was against the will of the person who had lawful charge of the child;
The defendant did so with the intention that the child should take part in an act of sexual penetration outside marriage with the accused or with another person.
The maximum penalty
Level 6 imprisonment being a maximum of 5 years.
Where will my case be heard?
Abduction of Child Under the Age of 16 cases can be heard in the Magistrates’ Court of Victoria with more serious examples being heard in the County Court.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
See an experienced criminal lawyer urgently.
Preparation in relation to any matter is critical. Don’t leave it to the last minute.
If you have been charged with Abduction of Child Under the Age of 16 make an appointment to see one of our experienced lawyers today.
The legislation
56. Abduction of child under the age of 16
A person must not take away a child under the age of 16 against the will of a person who has lawful charge of the child with the intention that the child should take part in an act of sexual penetration outside marriage with him or her or any other person.
Penalty: Level 6 imprisonment (5 years maximum).
A person must not cause a child under the age of 16 to be taken away against the will of a person who has lawful charge of the child with the intention that the child should take part in an act of sexual penetration outside marriage with him or her or any other person.
Penalty: Level 6 imprisonment (5 years maximum).
