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 474.27A   Using a carriage service to transmit indecent communication to person 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 communication includes material that is indecent; 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 7 years.

(2)  
In a prosecution for an offence against subsection (1), whether material is indecent is a matter for the trier of fact.

(3)  
In this section:

indecent
means indecent according to the standards of ordinary people.




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