Victorian Consolidated Legislation

Crimes Act 1958 - SECT 58

Procuring sexual penetration of a child

58. Procuring sexual penetration of a child



(1) A person aged 18 years or more must not solicit or procure a child under
the age of 16 years to take part in an act of sexual penetration, or an
indecent act (within the meaning of Subdivision (8D)), outside marriage with
him or her or another person.

Penalty: Level 5 imprisonment (10 years maximum).

(2) A person aged 18 years or more must not solicit or procure another person
to take part in an act of sexual penetration, or an indecent act (within the
meaning of Subdivision (8D)), outside marriage with a child under the age of
16 years.

Penalty: Level 5 imprisonment (10 years maximum).

(3) A person aged 18 years or more must not solicit or procure a 16 or 17 year
old child to whom he or she is not married and who is under his or her care,
supervision or authority to take part in an act of sexual penetration, or an
indecent act (within the meaning of Subdivision (8D)), with him or her or
another person.

Penalty: Level 5 imprisonment (10 years maximum).





(4) If-

   (a)  a person does an act or thing referred to in subsection (1), (2) or
        (3) outside, or partly outside, Victoria; and

   (b)  there is a real and substantial link within the meaning of subsection
        (5) between the doing of the act or thing and Victoria- those
        subsections apply to the act or thing as if it had been done wholly
        within Victoria.

(5) For the purposes of subsection (4), there is a real and substantial link
with Victoria-

   (a)  if a significant part of the conduct relating to, or constituting the
        doing of, the act or thing occurred in Victoria; or

   (b)  where the act or thing was done wholly outside Victoria, if the act or
        thing was done with the intention that the act of sexual penetration
        or the indecent act occur in Victoria.

(6) For the purposes of subsection (3), and without limiting that subsection,
a child is under the care, supervision or authority of a person if the person
is-

   (a)  the child's teacher;

   (b)  the child's foster parent;

   (c)  the child's legal guardian;

   (d)  a minister of religion with pastoral responsibility for the child;

   (e)  the child's employer;

   (f)  the child's youth worker;

   (g)  the child's sports coach;

   (h)  the child's counsellor;

   (i)  the child's health professional;

   (j)  a member of the police force acting in the course of his or her duty
        in respect of the child;

   (k)  employed in, or providing services in, a remand centre, youth
        residential centre, youth justice centre or prison and is acting in
        the course of his or her duty in respect of the child.