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209: Kidnapping
or “Taking or keeping someone against their will or by tricking them, to ask for money, lock them up, or send them overseas is against the law.”

You could also call this:

“A child under 16 can't legally agree to someone taking them away or keeping them against their will.”

If you are under 16 years old, the law says you cannot agree to someone taking you away or keeping you somewhere against your will. This applies to the rules about abduction and kidnapping in sections 208 and 209 of the Crimes Act. Even if you say it’s okay, the law doesn’t recognise your permission in these situations because you’re considered too young to make that decision.

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Next up: 210: Abduction of young person under 16

or “Taking or keeping a child under 16 away from their parent or caregiver without permission is against the law.”

Part 8 Crimes against the person
Abduction, kidnapping

209AYoung person under 16 cannot consent to being taken away or detained

  1. For the purposes of sections 208 and 209, a person under the age of 16 years cannot consent to being taken away or detained.

Notes
  • Section 209A: inserted, on , by section 9 of the Crimes Amendment Act 2005 (2005 No 41).