Crimes Amendment Act 2005

9 New sections 208 to 210A substituted

The principal Act is amended by repealing sections 208 to 210, and substituting the following sections:

208 Abduction for purposes of marriage or sexual connection

Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress,—

(a)

with intent to marry him or her; or

(b)

with intent to have sexual connection with him or her; or

(c)

with intent to cause him or her to be married to or to have sexual connection with some other person.

Compare: 1908 No 32, s 226

209 Kidnapping

Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress,—

(a)

with intent to hold him or her for ransom or to service; or

(b)

with intent to cause him or her to be confined or imprisoned; or

(c)

with intent to cause him or her to be sent or taken out of New Zealand.

Compare: Criminal Code (1954), s 233 (Canada)

209A Young person under 16 cannot consent to being taken away or detained

For the purposes of sections 208 and 209, a person under the age of 16 years cannot consent to being taken away or detained.

210 Abduction 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),—

(a)

it is immaterial whether the young person consents, or is taken or goes or is received at his or her own suggestion; and

(b)

it is immaterial whether the offender believes the young person to be of or over the age of 16.

(4)

In this section young person means a person under the age of 16 years.

Compare: 1908 No 32, ss 229, 230; 1941 No 10, part Schedule; 1952 No 42, s 3

210A People claiming in good faith right to possession of young person under 16

A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted of an offence against section 209 or section 210 because he or she gets possession of the young person.