CRIMES ACT 1958 - SECT 49K Encouraging a child under the age of 16 to engage in, or be involved in, sexual activity

CRIMES ACT 1958 - SECT 49K

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

        (a)     A is 18 years of age or more; and

        (b)     A encourages another person (B) to engage in, or be involved in, an activity; and

        (c)     the activity is sexual; and

        (d)     B is a child under the age of 16 years; and

        (e)     A seeks or gets sexual arousal or sexual gratification from—

              (i)     the encouragement; or

              (ii)     the sexual activity that is encouraged.

    (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) encouraging may be done—

        (a)     in person; or

        (b)     by means of an electronic communication within the meaning of the Electronic Transactions (Victoria) Act 2000 .

    (4)     It is not necessary to prove—

        (a)     that B in fact engaged in, or was involved in, the sexual activity that was encouraged; or

        (b)     that any sexual activity that B engaged in, or was involved in, was the same activity that was encouraged; or

        (c)     if B in fact engaged in, or was involved in, sexual activity (whether or not the same activity that was encouraged)—that A was present during that activity.

    (5)     Despite anything to the contrary in Division 12, it is not an offence for a person to attempt to commit an offence against subsection (1).

    (6)     It is immaterial that some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria, so long as B was in Victoria at the time at which that conduct occurred.

    (7)     It is immaterial that B was outside Victoria at the time at which some or all of the conduct constituting an offence against subsection (1) occurred, so long as A was in Victoria at the time at which that conduct occurred.

    (8)     In this section—

"encourage" includes suggest, request, urge and demand.

Notes

1     A defence applies to this offence—see section 49W.

2     A mistaken but honest and reasonable belief that the activity was not sexual is not a defence to this offence—see  section 49ZC.

S. 49L inserted by No. 47/2016 s. 16.