New South Wales Consolidated Acts

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CRIMES ACT 1900 - SECT 61O

Aggravated act of indecency

61O Aggravated act of indecency

(1) Any person who commits an act of indecency with or towards a person under the age of 16 years, or incites a person under that age to an act of indecency with or towards that or another person, in either case in circumstances of aggravation, is liable to imprisonment for 5 years.
(1A) Any person who commits an act of indecency with or towards a person of the age of 16 years or above, or incites a person of the age of 16 years or above to an act of indecency with or towards that or another person, in either case in circumstances of aggravation, is liable to imprisonment for 3 years.
(2) Any person who commits an act of indecency with or towards a person under the age of 10 years, or incites a person under that age to an act of indecency with or towards that or another person, is liable to imprisonment for 7 years.
(2A) A person:
(a) who commits an act of indecency with or towards a person under the age of 16 years, or incites a person under the age of 16 years to an act of indecency with or towards that person or another person, and
(b) who knows that the act of indecency is being filmed for the purposes of the production of child abuse material,
is guilty of an offence.
Maximum penalty: imprisonment for 10 years.
(3) For the purposes subsections (1) and (1A),
"circumstances of aggravation" means circumstances in which:
(a) the alleged offender is in the company of another person or persons, or
(b) the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or
(c) the alleged victim has a serious physical disability, or
(d) the alleged victim has a cognitive impairment.
(4) For the purposes of subsection (2A):
(a)
"child abuse material" has the meaning given by Division 15A, and
(b) an act of indecency is being
"filmed" if one or more images (whether still or moving) of the act of indecency are being recorded or transmitted for the purpose of enabling those images to be observed by any person (whether during the filming or later).



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