CRIMES ACT 1958 - SECT 44 Procuring sexual act by threat

CRIMES ACT 1958 - SECT 44

    (1)     A person (A) commits an offence if—

        (a)     A makes a threat to another person (B) that A will cause harm of any kind to B, another person or an animal; and

        (b)     A intends that B will believe, or believes that B will probably believe, that A will cause that harm; and

        (c)     as a result of A's threat, B or another person takes part (whether at the time the threat is made or at a later time) in a sexual act with A or another person; and

        (d)     A intends that, as a result of A's threat, an outcome mentioned in paragraph (c) will occur.

    (2)     A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).

    (3)     For the purposes of subsection (1), a threat may be made by words or conduct and may be explicit or implicit.

    (4)     For the purposes of subsection (1)(c), a person who takes part in a sexual act with A or another person may or may not be the person to whom A has threatened to cause harm.

Note

See section 35C for the meaning of taking part in a sexual act.

New s. 45 inserted by No. 47/2016 s. 15.