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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.”
You could also call this:

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

If you take a young person under 16 away from their parent, guardian, or someone who is supposed to be looking after them, you could go to prison for up to 7 years. This is true even if the young person agrees to go with you.

You could also go to prison for up to 7 years if you receive a young person who has been taken away from their parent, guardian, or caregiver, and you know they were taken unlawfully.

It doesn’t matter if the young person agrees to go or if they suggest it themselves. It also doesn’t matter if you think the young person is 16 or older.

In this law, a ‘young person’ means anyone under 16 years old.

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Next up: 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.”
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Part 8 Crimes 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
      • ss 229, 230
      • Schedule
      • s 3
      Notes
      • Section 210: replaced, on , by section 9 of the Crimes Amendment Act 2005 (2005 No 41).