Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A person must not, using electronic means, suggest to a young person that the young person commit or take part in, or watch someone else committing or taking part in, an act of a sexual nature.
Maximum penalty:
(a) for a 1st offence—imprisonment for 5 years; or
(b) for a 2nd or subsequent offence—imprisonment for 10 years.
(2) A person must not, using electronic means, send or make available pornographic material to a young person.
Maximum penalty: 100 penalty units, imprisonment for 5 years or both.
(3) It is a defence to a prosecution for an offence against subsection (2) if the defendant—
(a) is an Internet service provider; and
(b) had no knowledge that the defendant's facilities were used to commit the offence.
(4) It is not a defence to a prosecution for an offence against this section that the young person had consented to—
(a) the suggestion being made; or
(b) the material being sent or made available.
(5) However, it is a defence to a prosecution for an offence against this section if the defendant proves that the defendant believed on reasonable grounds that the young person to whom the suggestion was made, or the material was sent or made available, was at least 16 years old.
(6) In this section:
"act of a sexual nature" means sexual intercourse or an act of indecency.
"classified"—see the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 , dictionary.
"pornographic material" means material that has been, or is likely to be, classified RC, X or R.
"using electronic means "means using email, Internet chat rooms, SMS messages and real time audio/video.
"young person" means a person under 16 years old.