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ARTICLE · 07 NOVEMBER 2025

Abduction and kidnapping offences, penalties and laws: Complete guide

Kidnapping involves unlawfully detaining any person for advantage or ransom, while abduction specifically concerns unlawfully taking a child from lawful control.

AustraliaCriminal Law

Kidnapping and Abduction offences are found in Division 14 of the Crimes Act 1900 (NSW). Kidnapping encompasses three types of offences, namely, the basic kidnapping in section 86(1); the aggravated kidnapping offence in section 86(2); and the specially aggravated kidnapping in section 86(3). Each carry a maximum penalty to reflect the seriousness of the offence, which includes a criminal record and imprisonment. In contrast, abduction is an offence of kidnapping kids under section 87 of the Crimes Act (NSW) which is focused on child abduction.

This article is written and fact checked by our criminal lawyers Sydney team to be used as a guide, and not as a substitute for legal advice. For confidential legal advice, please contact our friendly Sydney office on (02) 8606 2218.

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