criminal-law legal-terms kidnapping
Is this considered Kidnapping under law?
<p>Okay so the title is questionable but hopefully intriguing. I am not a man of law so I do not know, anyways. Prom is coming up, my friend has a girlfriend 2 hours north of where we live and he wants to go to prom with her. The issue: The parents don't like them dating for a reason irrelevant to this. Anyways, we thought it would be a good idea if I took him up to go to prom with her(He is paying me for gas and time) but if the parents called the police and reported their child missing and I get caught with him(Keep in mind, the person I am taking is in full consent but is under the age of 18 and I am 18. We both go to the same highschool). Can I be charged with Kidnapping? I am asking as this is the worst case scenario I can think of as a consequence.</p>

<p>The <a href="http://www8.austlii.edu.au/au//legis//nsw//consol_act//ca190082/s86.html" rel="nofollow noreferrer">NSW Crimes Act 1900 s86</a> deals with kidnapping.</p>
<blockquote>
<p><strong>86 Kidnapping</strong></p>
<p><strong>(1) Basic offence</strong> A person who takes or detains a person, without the person's consent:</p>
<p>(a) with the intention of holding the person to ransom, or</p>
<p>(a1) with the intention of committing a serious indictable offence, or</p>
<p>(b) with the intention of obtaining any other advantage,</p>
</blockquote>
<p>You would fall under subclause (b) but you have her consent so that’s fine. Except:</p>
<blockquote>
<p>(5) A person who takes or detains a child is to be treated as acting without the consent of the child.</p>
</blockquote>
<p>As she is a child (under 18) she can’t give consent.</p>
