Abduction and Kidnapping - Elements

Question 1

Abduction

Answer 1

S208 Crimes Act 1961
1. Unlawfully
2. Takes away OR detains
3. A person
4. Without their consent OR with consent obtained by fraud or duress
5. With intent to
a) Go through a form of marriage or civil union, OR
b) have sexual connection with the person, OR
c) Cause the person to go through a form of marriage OR civil union, OR to have sexual connection, with some other person

Question 2

Kidnapping

Answer 2

S209 Crimes Act 1961
1. Unlawfully
2. Takes away OR detains
3. A person
4. Without their consent OR with consent obtained by fraud or duress
5. With intent to
a) hold him or her for ransom OR to service, or
b) Cause him or her to be confined OR imprisoned, or
c) Cause him or her to be sent or taken out of New Zealand

Question 3

Abduction of a Young Person Under 16 (1)

Answer 3

S210(1) Crimes Act 1961
1. 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
2. Unlawfully
3. Takes or entices away or detains
4. The young person

Question 4

Abduction of a Young Person Under 16 (2)

Answer 4

S210(2) Crimes Act 1961
1. Receives
2. A young person
3. Knowing that he or she has been unlawfully taken away OR enticed away OR detained
4. With intent to deprive a parent or guardian or other person having the lawful care or charge or him or her of the possession of him or her