Criminal Law Code as at 1st March 2007 (ii) negligently causing serious bodily harm, if he or she did not intend to cause that person such injury and did not realise that there was a real risk or possibility that such injury might be caused to that person, but was negligent in failing to realise it. PART V CRIMES INVOLVING INFRINGEMENT OF LIBERTY, DIGNITY, PRIVACY OR REPUTATION 92 Interpretation in Part V of Chapter V In this Part⎯ “adult” means a person who is of the age of eighteen years or above; “child” means a person who is under the age of eighteen years; “lawful custodian”, in relation to a child, means the child’s parent or lawful guardian or any person who has been given custody of the child by the child’s parent or legal guardian or by virtue of an order of a court; “parent” means a natural or adoptive parent; “publish”, in relation to a defamatory statement, means to make a statement to any person other than the person defamed or the spouse of the person who makes the statement. 93 Kidnapping or unlawful detention (1) Any person who⎯ (a) deprives an adult of his or her freedom of bodily movement, intending to cause such deprivation or realising that there is a real risk or possibility that such deprivation may result; or (b) not being the lawful custodian of the child concerned⎯ (i) deprives a child of his or her freedom of bodily movement, intending to cause such deprivation or realising that there is a real risk or possibility that such deprivation may result; or (ii) detains or keeps a child, intending to deprive the child’s lawful custodian of his or her control over the child or realising that there is a real risk or possibility that such deprivation may result; shall be guilty of kidnapping or unlawful detention and liable⎯ A. to imprisonment for life or any shorter period, except in a case referred to in subparagraph B; or B. where the kidnapping or unlawful detention was committed in the mitigating circumstances referred to in paragraph (b) of subsection (3), to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both. (2) An accused may be convicted of kidnapping or unlawful detention⎯ (a) whatever the manner in which the accused deprived the adult or child of his or her freedom of bodily movement or the lawful custodian of his or her control, whether by - 59 -