Abduction or detention of a child under the age of 16 for a sexual purpose
49P Abduction or detention of a child under the age of 16 for a sexual purpose
S. 49P inserted by No. 47/2016 s. 16.
A person (A) commits an offence if—
A—
takes away or detains another person (B); or
causes B to be taken away or detained by another person; and
B is a child under the age of 16 years; and
the person who has lawful charge of B (C) does not consent to B being taken away or detained; and
A knows that—
B is a child under the age of 16 years; or
B is probably a child under the age of 16 years; and
A knows that—
C does not consent to B being taken away or detained; or
C probably does not consent to B being taken away or detained; and
A intends B will take part in a sexual act with A or another person or both; and
B taking part in the sexual act would involve the commission by A, or the other person, or both, of an offence against section 38(1), 39(1), 40(1), 41(1) or a provision of this Subdivision (other than this section).
A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
Note
See section 35C for the meaning of taking part in a sexual act.
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