Victorian Consolidated Legislation

Crimes Act 1958 - SECT 60B

Loitering near schools etc.

60B. Loitering near schools etc.





(1) In this section, sexual offence means-





   (a)  an offence against section 38, 39, 40, 44(1), 44(2), 44(4), 45, 47,
        47A, 48, 49, 55 or 56; or

   (b)  any offence specified in clause 7A, 7B, 8, 9, 10 or 12 of Schedule 8;
        or



   (c)  an offence of conspiracy to commit, incitement to commit or attempting
        to commit an offence referred to in paragraph (a) or (b).

(2) A person who-

   (a)  has been found guilty of-

   (i)  a sexual offence; or

   (ia) an offence against-

                (A)  section 5, 6, 7 or 11 of the
                     Prostitution Control Act 1994; or

                (B)  section 6, 7, 8 or 9 of the Prostitution Regulation Act
                     1986; or

                (C)  section 59(1)(a) or (b) or 60 inserted in this Act on 1
                     March 1981 by section 5 of the Crimes (Sexual Offences)
                     Act 1980 and repealed on 5 August 1991 by section 3 of
                     the Crimes (Sexual Offences) Act 1991; or

   (ii) murder where there are reasonable grounds to believe that a sexual
        offence was also committed on the victim; or

   (iii) an offence against section 19 of the Summary Offences Act 1966; or

   (iv) an offence against section 68, 69 or 70 or an offence of attempting to
        commit an offence against section 69; or

   (v)  an offence against-

                (A)  section 60A of the Classification of Films and
                     Publications Act 1990; or

                (B)  section 168A, 168B or 168C of the Police Offences Act
                     1958- as in force at any time before its repeal; and





   (b)  is found loitering without reasonable excuse in or near-

   (i)  a school, kindergarten or child care centre; or

   (ii) a public place within the meaning of the Summary Offences Act 1966
        regularly frequented by children and in which children are present at
        the time of the loitering- is guilty of an offence.

(2A) An offence against subsection (2) is-

   (a)  an indictable offence for which the offender is liable to level 6
        imprisonment (5 years maximum) or a level 6 fine (600 penalty units
        maximum) if at the time of the commission of the offence the offender
        had previously been sentenced as a serious sexual offender (within the
        meaning of Part 2A of the Sentencing Act 1991) for a sexual offence
        (within the meaning of that Part) or a violent offence (within the
        meaning of that Part); or

   (b)  a summary offence for which the offender is liable to level 7
        imprisonment (2 years maximum) or a level 7 fine (240 penalty units
        maximum) in any other case.

(3) If a person has at any time been convicted of an offence against a law of
another State or a Territory of the Commonwealth which creates an offence
substantially similar to a sexual offence the conviction for the offence
against that law must be taken for the purposes of this section to be a
conviction of a sexual offence.

(8F) Jury warnings