CRIMES ACT 1958 - SECT 45 Procuring sexual act by fraud

CRIMES ACT 1958 - SECT 45

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

        (a)     A makes a false or misleading representation; and

        (b)     A knows that—

              (i)     the representation is false or misleading; or

              (ii)     the representation is probably false or misleading; and

        (c)     as a result of A's representation, another person (B) takes part (whether at the time the representation 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 representation, an outcome mentioned in paragraph (c) will occur.

    (2)     A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).

    (3)     For the purposes of subsection (1), a false or misleading representation may be made by words or conduct (including by omission) and may be explicit or implicit.

Note

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

New s. 46 inserted by No. 47/2016 s. 15.