Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.6 - Telecommunications Services  

Division 474 - Telecommunications offences  

Subdivision F - Offences relating to use of carriage service involving sexual activity with, or causing harm to, person under 16  

SECTION 474.25A   Using a carriage service for sexual activity with person under 16 years of age  

Engaging in sexual activity with child using a carriage service

(1)  
A person commits an offence if:


(a) the person engages in sexual activity with another person (the child ) using a carriage service; and


(b) the child is under 16 years of age; and


(c) the person is at least 18 years of age.

Penalty: Imprisonment for 15 years.

Causing child to engage in sexual activity with another person

(2)  
A person (the defendant ) commits an offence if:


(a) the defendant engages in conduct in relation to another person (the child ); and


(b) that conduct causes the child to engage in sexual activity with another person (the participant ) using a carriage service; and


(c) the child is under 16 years of age when the sexual activity is engaged in; and


(d) the participant is at least 18 years of age when the sexual activity is engaged in.

Penalty: Imprisonment for 15 years.

(3)  
The fault element for paragraph (2)(b) is intention. Defence - child present but defendant does not intend to derive gratification

(4)  
It is a defence to a prosecution for an offence against subsection (1) or (2) if:


(a) the conduct constituting the offence consists only of the child being in the presence of a person while sexual activity is engaged in; and


(b) the defendant proves that he or she did not intend to derive gratification from the presence of the child during that activity.

Note 1:

A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4 .

Note 2:

For other defences relating to this offence, see section 474.29 .




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