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Crimes Act 1961

Crimes against the person - Abduction, kidnapping

210: Abduction of young person under 16

You could also call this:

"Taking a child under 16 away from parents without permission is against the law"

If you take a young person under 16 away from their parents or guardians without permission, you can go to prison for up to 7 years. You can also go to prison for up to 7 years if you know a young person has been taken away without permission and you help them or keep them with you. It does not matter if the young person wants to go with you or not.

If you take a young person under 16 away from their parents or guardians, it is against the law, even if you think they are older. The law says a young person is someone who is under 16 years old. If someone takes a young person away without permission, or if you help them, you can get in trouble with the law, which is explained in the Crimes Act 1961.

You can get in trouble even if the young person says it is okay, or if they want to go with you. The law is there to protect young people and keep them safe.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329781.

Topics:
Crime and justice > Criminal law
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209A: Young person under 16 cannot consent to being taken away or detained, or

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

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210A: People claiming in good faith right to possession of young person under 16, or

"You can't be found guilty of taking a child if you honestly thought you had the right to have them."

Part 8Crimes against the person
Abduction, kidnapping

210Abduction of young person under 16

  1. Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to deprive a parent or guardian or other person having the lawful care or charge of a young person of the possession of the young person, unlawfully takes or entices away or detains the young person.

  2. Every one is liable to imprisonment for a term not exceeding 7 years who receives a young person, knowing that he or she has been unlawfully taken or enticed away or detained with intent to deprive a parent or guardian or other person having the lawful care or charge of him or her of the possession of him or her.

  3. For the purposes of subsections (1) and (2),—

  4. it is immaterial whether the young person consents, or is taken or goes or is received at his or her own suggestion; and
    1. it is immaterial whether the offender believes the young person to be of or over the age of 16.

      1. In this section young person means a person under the age of 16 years.

      Compare
      • 1908 No 32 ss 229, 230
      • 1941 No 10 part Schedule
      • 1952 No 42 s 3
      Notes
      • Section 210: replaced, on , by section 9 of the Crimes Amendment Act 2005 (2005 No 41).