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.

What must Prosecution Must Prove:

To secure a conviction, the prosecution must prove the elements of the offence beyond a reasonable doubt, including:

• The act of taking or enticing the child.
• The age of the child (under 16).
• The intention to deprive the lawful caregiver of the child or steal from the child.
• That you acted unlawfully.

Penalty for child stealing:

This is a serious offence which carries with it a Level 6 imprisonment with a maximum penalty of 5 years.

Where the Case Will Be Heard:

Child Stealing cases are typically heard in either the Magistrates’ Court or County Court of Victoria.

Factors and defences to consider:

• Did you intentionally take a child without lawful reason?
• Do you have any previous convictions of a similar nature?
• What is your relationship to the child?
• Do you have any mental health or cognitive impairments which might affect your judgement?
• What were the surrounding circumstances of this offence?

Sex Offences Charges

• Offence to Perform Female Genital Mutilation
• Intention of Having Prohibited Female Genital Mutilation Performed
• Sexual Activity with the Corpse of Human Being
• Rape or Rape by Compelled Penetration
• Sexual Assault
• Sexual Assault by Compelling Sexual Touching
• Assault with Intent to Commit a Sexual Offence
• Threat to Commit a Sexual Offence
• Procuring Sexual Act by Threat or Procuring Sexual Act by Fraud
• Administration of an Intoxicating Substance for a Sexual Purpose
• Failing to Comply with Sex Offender Reporting
• Abduction or Detention for a Sexual Purpose
• Furnishing False or Misleading Information
• Indecent Act with a Child Under the Age of 16
• Sexual Activity Directed at Another Person
• Sexual Penetration of a Child Under the Age of 12
• Sexual Penetration of a Child Aged 16 or 17 Under Care, Supervision, or Authority
• Sexual Assault of a Child Aged 16 or 17 Under Care, Supervision, or Authority
• Sexual Activity in the Presence of a Child Aged 16 or 17 Under Care, Supervision or Authority
• Causing a child aged 16 or 17 under care, supervision, or authority to be present during sexual activity
• Persistent Sexual Abuse of a Child Under the Age of 16
• Encouraging a Child Aged 16 or 17 Under Care, Supervision or Authority to Engage in, or Be Involved in, Sexual Activity
• Grooming for Sexual Conduct with a Child under the Age of 16
• Loitering Near Schools Etc by a Sexual Offender
• Failure by a Person in Authority to Protect a Child from a Sexual Offence

• Abduction or Detention of a Child Under the Age of 16 for a Sexual Purpose
• Causing or Allowing a Sexual Performance Involving a Child
• Inciting or Offering a Sexual Performance Involving a Child
• Facilitating a Sexual Offence Against a Child
• Sexual Penetration of a Child or Lineal Descendent
• Sexual Penetration of a Stepchild
• Sexual Penetration of a Parent, Lineal Ancestor or Stepparent
• Sexual Penetration of a Sibling or Half-Sibling
• Sexual Offences Against People with Impaired Mental Functioning (Repealed 2016)
• Child in the Production of Child Abuse Material
• Distributing Child Abuse Material
• Administering a Website Used to Deal With Child Abuse Material
• Accessing Child Abuse Material
• Assisting a Person to Avoid Apprehension
• Sexual Assault of a Person with Cognitive Impairment or Mental Illness
• Using Force, Threat etc. to Cause Another Person to Provide Commercial Sexual Services
• Causing Another Person to Provide Commercial Sexual Services in Circumstances Involving Sexual Servitude
• Aggravated Sexual Servitude
• Deceptive Recruiting for Commercial Sexual Services
• Bestiality
• Child Stealing
• Bigamy
• Abortion Performed by Unqualified Person
• Concealing the Birth of a Child

What happens next?

If you have been charged with Child Stealing, it is vital to consult with an experienced criminal lawyer at MK Law without delay. Effective legal representation is crucial to navigate the complexities of the charges and prepare your defence.

Your lawyer can help gather evidence, assess the prosecution’s case, and formulate a strategic plan for your defence. Early preparation is key to achieving the best possible outcome, so schedule an appointment with a qualified lawyer today to discuss your case. Call 1800 130 120 today.