Abduction Of Child Under 16 / Child Stealing

It is a criminal offence to steal or abduct a child under the age of 16, removing the child from the protection and care of their father, mother or guardian, against their will. Also referred to as kidnapping or child stealing, abduction of a child is a serious criminal offence and if found guilty, can have serious implications on your life, such as limiting travel to certain countries or employment.

Below we outline the offence of Abduction of a Child under 16 as per the Criminal Code as well as what the police must prove, penalties you may face if found guilty of this crime, and legal defences.

For information and advice specific to your matter, it’s recommended you speak with a criminal defence lawyer as soon as possible. Call our 24 hour crime line now on 0488 999 980 for a free case evaluation or submit an enquiry online.

What the law says

Section 363 of the Criminal Code Queensland states:

1. A person who unlawfully takes an unmarried child under the age of 16 years out of the custody or protection of the child’s father or mother, or other person having the lawful care of the child, and against the will of the father, mother, or other person, is guilty of a crime.
2. It is immaterial that the offender believed the child to be of or above the age of sixteen years.
3. It is immaterial that the child was taken with the consent of or suggestion of the child.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

The accused

1. took an unmarried child under the age of 16 years.
2. out of the custody or protection of the child’s father, mother, or person having lawful care or charge of the child.
3. against the will of the father, mother or other person.
4. the taking was unlawful. That is, not authorised, justified or excused by law.

It is immaterial that the child was taken with the consent of or at the suggestion of the child. It does not matter that, at the moment the child is abducted, the child is in the physical possession of some other person.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Maximum penalty

The Maximum penalty for the offence of Abduction of Child Under 16 is 7 years imprisonment.

Which court will hear the matter

This matter is an indictable offence which means that it is dealt with in the District Court.

Possible defences

Possible defences to this offence include but are not limited to

1. Duress
2. Necessity
3. Identity – i.e. not the accused
4. Honest and reasonable belief the child was older than 16 years.
5. Consent of the parents
6. Honest and mistaken belief the accused had the consent of the parents