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 474.25B   Aggravated offence - child with mental impairment or under care, supervision or authority of defendant  

(1)  
A person commits an offence against this section if:


(a) the person commits an offence against either of the following provisions in relation to another person (the child ):


(i) subsection 474.25A(1) (engaging in sexual activity with child using a carriage service);

(ii) subsection 474.25A(2) (causing child to engage in sexual activity with another person); and


(b) either or both of the following apply at the time the person commits the offence:


(i) the child has a mental impairment;

(ii) the person is in a position of trust or authority in relation to the child, or the child is otherwise under the care, supervision or authority of the person.

Penalty: Imprisonment for 25 years.

(2)  
To avoid doubt, a person does not commit the offence against subsection 474.25A(1) or (2) for the purposes of paragraph (1)(a) if the person has a defence to that offence.

Alternative verdicts

(3)  
If, on a trial for an offence (the aggravated offence ) against subsection (1), the trier of fact:


(a) is not satisfied that the defendant is guilty of the aggravated offence; but


(b) is satisfied beyond reasonable doubt that he or she is guilty of an offence (the underlying offence ) against subsection 474.25A(1) or (2);

it may find the defendant not guilty of the aggravated offence but guilty of the underlying offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.




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