South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 80

80—Abduction of child under 16 years

        (1)         Any person who—

            (a)         unlawfully, either by force or fraud, leads, takes, decoys or entices away, or detains, any child under the age of sixteen years;

            (b)         harbours or receives any such child, knowing him or her to have been, by force or fraud, led, taken, decoyed or enticed away, or detained,

with intent—

            (c)         to deprive any parent, guardian or other person, having the lawful care of the child, of the possession of the child; or

            (d)         to steal any article on or about the person of the child,

shall be guilty of an offence and liable to be imprisoned for a term not exceeding seven years.

        (1a)         Any person who unlawfully takes, or causes to be taken, a child under the age of sixteen years out of the possession and against the will of the parent, guardian or other person having the lawful care of the child shall be guilty of an offence and liable to imprisonment for a term not exceeding two years.

        (2)         This section does not render liable to prosecution any person who, in the exercise of any bona fide claim to the right to possession of a child, whether as the mother or father of the child or otherwise, obtains possession of the child or takes the child out of the possession of any person having the lawful charge of the child.