Victorian Consolidated Legislation

Crimes Act 1958 - SECT 63

Child stealing

63. Child stealing



(1) Whosoever unlawfully either by force or fraud leads or takes away or
decoys or entices away or detains any child under the age of sixteen years,
with intent to deprive any parent or guardian or any other person having the
lawful care or charge of such child of the possession of such child or with
intent to steal any article upon or about the person of such child; and
whosoever with any such intent receives or harbors any such child knowing the
same to have been by force or fraud led taken decoyed enticed away or
detained, shall be guilty of an indictable offence, and shall be liable to
level 6 imprisonment (5 years maximum).

No person who has claimed any right to the possession of such child, or is the
mother or has claimed to be the father of an illegitimate child, shall be
liable to be prosecuted under this or the next succeeding subsection on
account of the getting possession of such child or taking such child out of
the possession of any person having the lawful care or charge thereof.

(2) Whosoever unlawfully takes decoys or entices away any child under the age
of sixteen years3 out of the possession and against the will of the child's
parent or guardian or of any other person having the lawful care or charge of
the child shall be guilty of an indictable offence, and shall be liable to
level 6 imprisonment (5 years maximum).



(9A) Kidnapping