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.
The NSW Crimes Act 1900 s86 deals with kidnapping.
(1) Basic offence A person who takes or detains a person, without the person's consent:
(a) with the intention of holding the person to ransom, or
(a1) with the intention of committing a serious indictable offence, or
(b) with the intention of obtaining any other advantage,
You would fall under subclause (b) but you have her consent so that’s fine. Except:
(5) A person who takes or detains a child is to be treated as acting without the consent of the child.
As she is a child (under 18) she can’t give consent.