South Australian Current Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 39

39—Kidnapping

        (1)         A person who takes or detains another person, without the other person's consent—

            (a)         with the intention of holding the other person to ransom or as a hostage; or

            (b)         with the intention of committing an indictable offence against the other person or a third person,

is guilty of an offence.

Maximum penalty:

            (a)         for a basic offence—imprisonment for 20 years;

            (b)         for an aggravated offence—imprisonment for 25 years.

        (2)         A consent to the taking or detention is to be ignored in the following cases:

            (a)         if the person apparently giving the consent is a child or mentally incapable of understanding the significance of the consent;

            (b)         if the consent was obtained by duress or deception.



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