Child Stealing

Have you been charged with Child Stealing?

If you have been charged with Child Stealing under Section 63 of the Crimes Act 1958 (“CA”), it is crucial to understand the nature of the offence and the potential consequences.

This charge involves serious allegations, including the unlawful taking or harbouring of a child under the age of 16. Consider whether you took a child from their parent or guardian by force or fraud, or if you knowingly received or harboured a stolen child. It’s also important to note that if a child leaves their parent or guardian without any inducement from you, this may serve as a defence.

There are three distinct areas under this offence:

1. First Offence:
   • The defendant took, decoyed, enticed away, or detained a child under the age of 16.
   • The act was achieved by force or fraud.
   • The defendant intended to deprive the parent/guardian of the child or steal something from the child.
   • The defendant acted without lawful excuse.
2. Second Offence:
   • The defendant received or harboured a child under the age of 16.
   • The defendant knew the child had been taken by force or fraud.
   • The defendant intended to deprive the parent/guardian of the child or steal something from the child.
3. Third Offence:
   • The defendant took or enticed a child under the age of 16 from their lawful caregiver.
   • The taking was against the will of the caregiver.
   • The defendant intended to take the child against the will of the caregiver and acted without lawful excuse.