Section 321/1Pas de défense d'ignorance de l'âge de l'enfant dans les infractions d'enlèvement d'enfant

Firm annotation

Section 321/1 is a rule of liability rather than an offence, and it prescribes no penalty of its own. Where an offence under Section 312 ter paragraph two, which covers dishonestly receiving, disposing of, procuring, seducing or taking away a child not over fifteen, or an offence under Section 317, taking a child not over fifteen away from its parents, guardian or carer, is committed against a child not over thirteen years of age, ignorance of the child's age may not be pleaded in order to escape liability. Liability as to age is therefore strict at that point: a belief that the child was older, however genuine or however reasonable, is no answer. Two limits should be read carefully. The list is closed, so the rule does not extend to Section 312 bis, nor to Section 318 or Section 319, whose victims are by definition over fifteen. And the cut-off is thirteen, not fifteen, so where the child was over thirteen but not over fifteen the ordinary rules on intention in Section 59 continue to apply. Section 285/1 is the equivalent rule in the chapter on sexual offences, covering Section 277, Section 279, Section 282 paragraph three, Section 283 paragraph three and Section 283 bis paragraph two.