CRIMES ACT 1958 - SECT 49M Grooming for sexual conduct with a child under the age of 16

CRIMES ACT 1958 - SECT 49M

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

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

        (b)     A communicates, by words or conduct (whether or not a response is made to the communication), with—

              (i)     another person (B) who is a child under the age of 16 years; or

              (ii)     another person (C) under whose care, supervision or authority B is; and

        (c)     A intends that the communication facilitate B engaging or being involved in the commission of a sexual offence by A or by another person who is 18 years of age or more.

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

    (3)     A does not intend to facilitate B engaging or being involved in the commission of a sexual offence by A or by another person who is 18 years of age or more if, were the conduct constituting the sexual offence to occur, A or the other person would satisfy an exception, or have a defence, to that sexual offence.

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

    (5)     It is immaterial that B or C was, or B and C were, 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 that conduct occurred.

    (6)     It is immaterial that A, B and C were all outside Victoria at the time at which some or all of the conduct constituting an offence against subsection (1) occurred, so long as A intended that the sexual offence would occur in Victoria.

    (7)     In this section—

"communication" includes an electronic communication within the meaning of the  Electronic Transactions (Victoria) Act   2000 ;

"sexual offence" means—

        (a)     an offence against a provision of Subdivision (8A), this Subdivision (other than section 49K(1) or this section), (8C), (8D), (8E), (8F) or (8FA); or

        (b)     an attempt to commit an offence covered by paragraph (a); or

        (c)     an assault with intent to commit an offence referred to in paragraph (a).

S. 49N inserted by No. 47/2016 s. 16.