Victorian Current Acts

CRIMES ACT 1958 - SECT 49P

    (1)     A person (A) commits an offence if—

        (a)     A—

              (i)     takes away or detains another person (B); or

              (ii)     causes B to be taken away or detained by another person; and

        (b)     B is a child under the age of 16 years; and

        (c)     the person who has lawful charge of B (C) does not consent to B being taken away or detained; and

        (d)     A knows that—

              (i)     B is a child under the age of 16 years; or

              (ii)     B is probably a child under the age of 16 years; and

        (e)     A knows that—

              (i)     C does not consent to B being taken away or detained; or

              (ii)     C probably does not consent to B being taken away or detained; and

        (f)     A intends B will take part in a sexual act with A or another person or both; and

        (g)     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).

    (2)     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.

S. 49Q inserted by No. 47/2016 s. 16.