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 474.26   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.

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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