Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 268 - Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court  

Subdivision B - Genocide  

SECTION 268.7   Genocide by forcibly transferring children  

(1)  
A person (the perpetrator ) commits an offence if:


(a) the perpetrator forcibly transfers one or more persons; and


(b) the person or persons belong to a particular national, ethnical, racial or religious group; and


(c) the perpetrator intends to destroy, in whole or in part, that national, ethnical, racial or religious group, as such; and


(d) the transfer is from that group to another national, ethnical, racial or religious group; and


(e) the person or persons are under the age of 18 years; and


(f) the perpetrator knows that, or is reckless as to whether, the person or persons are under that age.

Penalty: Imprisonment for life.

(2)  
In subsection (1) :

forcibly transfers one or more persons
includes transfers one or more persons:


(a) by threat of force or coercion (such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power) against the person or persons or against another person; or


(b) by taking advantage of a coercive environment.


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