Criminal Code Act 1995
Schedule
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The Criminal Code
Division 474
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Telecommunications offences
Subdivision F
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Offences relating to use of carriage service involving sexual activity with, or causing harm to, person under 16
SECTION 474.26
Using a carriage service to procure persons under 16 years of age
(1)
A person (the sender ) commits an offence if:
(a) the sender uses a carriage service to transmit a communication to another person (the recipient ); and
(b) the sender does this with the intention of procuring the recipient to engage in sexual activity with the sender; and
(c) the recipient is someone who is, or who the sender believes to be, under 16 years of age; and
(d) the sender is at least 18 years of age.
(2)
A person (the sender ) commits an offence if:
(a) the sender uses a carriage service to transmit a communication to another person (the recipient ); and
(b) the sender does this with the intention of procuring the recipient to engage in sexual activity with another person (the participant ); and
(c) the recipient is someone who is, or who the sender believes to be, under 16 years of age; and
(d) the participant is someone who is, or who the sender believes to be, at least 18 years of age.
(3)
A person (the sender ) commits an offence if:
(a) the sender uses a carriage service to transmit a communication to another person (the recipient ); and
(b) the sender does this with the intention of procuring the recipient to engage in sexual activity with another person; and
(c) the recipient is someone who is, or who the sender believes to be, under 16 years of age; and
(d) the other person referred to in paragraph (b) is someone who is, or who the sender believes to be, under 18 years of age; and
(e) the sender intends that the sexual activity referred to in paragraph (b) will take place in the presence of:
Section 3
CHAPTER 10 - NATIONAL INFRASTRUCTURE Part 10.6 - Telecommunications Services
View history note
Hide history noteA person (the sender ) commits an offence if:
(a) the sender uses a carriage service to transmit a communication to another person (the recipient ); and
(b) the sender does this with the intention of procuring the recipient to engage in sexual activity with the sender; and
(c) the recipient is someone who is, or who the sender believes to be, under 16 years of age; and
(d) the sender is at least 18 years of age.
Penalty: Imprisonment for 15 years.
(2)
A person (the sender ) commits an offence if:
(a) the sender uses a carriage service to transmit a communication to another person (the recipient ); and
(b) the sender does this with the intention of procuring the recipient to engage in sexual activity with another person (the participant ); and
(c) the recipient is someone who is, or who the sender believes to be, under 16 years of age; and
(d) the participant is someone who is, or who the sender believes to be, at least 18 years of age.
Penalty: Imprisonment for 15 years.
(3)
A person (the sender ) commits an offence if:
(a) the sender uses a carriage service to transmit a communication to another person (the recipient ); and
(b) the sender does this with the intention of procuring the recipient to engage in sexual activity with another person; and
(c) the recipient is someone who is, or who the sender believes to be, under 16 years of age; and
(d) the other person referred to in paragraph (b) is someone who is, or who the sender believes to be, under 18 years of age; and
(e) the sender intends that the sexual activity referred to in paragraph (b) will take place in the presence of:
(i) the sender; or
(ii) another person (the participant ) who is, or who the sender believes to be, at least 18 years of age.
Penalty: Imprisonment for 15 years.
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