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161.   Special provisions

Revised Laws of Saint Lucia (2021)

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161.   Special provisions

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    (1)   For the purposes of proof of abduction the provisions of this section shall also apply.

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    (2)   It is not necessary that the taking or detaining should be without the consent of the person taken or detained, and it suffices if the person is persuaded, aided, or encouraged to depart or not to return.

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    (3)   A taking or detention is unlawful unless some person entitled to give consent to the taking or detaining of the person taken or detained, for the purposes for which the person is taken or detained, gives consent to the taking or detention for those purposes.

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    (4)   It is not necessary that there should be an intent to deprive permanently the person of the custody, control, charge or care of the person taken or detained.

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    (5)   A person having the temporary custody, control, charge or care of another person for a special purpose, as his or her attendant, employer or teacher or in any other capacity, commits the offence of abduction of the person, by acts which he or she is not authorised to do by virtue of such special purpose, and he or she cannot give consent to any act by another person which would be inconsistent with such special purpose.

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    (6)   Despite the general provisions of section 24 of this Code with respect to mistake of law, a person does not commit the offence of abduction of another person by anything which he or she does in the belief that he or she is entitled by law as a parent, guardian, or by virtue of any other legal right, to take or detain that other person for the purposes for which he or she takes or detains him or her.

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    (7)   Subsection (6) shall not be construed to relieve a person of liability to punishment—

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      (a)     on the ground that he or she did not know or believe, or had no means of knowing, that the age of that other person was under 12 years or 18 years, as the case may be; or

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      (b)     if he or she took or detained that other person for any immoral purpose.

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