Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 66

    (1)     A person must not, without reasonable excuse—

        (a)     in person or by any other means, encourage a young person to commit or take part in, or watch someone else committing or taking part in, an act of a sexual nature; or

Example

showing a young person indecent material online or on a mobile phone

        (b)     engage in conduct with a young person with the intention of making it more likely that the young person would commit or take part in, or watch someone else committing or taking part in, an act of a sexual nature; or

        (c)     engage in conduct with a person who has a relationship with a young person with the intention of making it more likely that the young person would commit or take part in, or watch someone else committing or taking part in, an act of a sexual nature.

Maximum penalty:

        (a)     for a 1st offence against a person under 10 years—

              (i)     for an aggravated offence—imprisonment for 11 years; or

              (ii)     in any other case—imprisonment for 9 years; or

        (b)     for a 1st offence against a young person 10 years or older—

              (i)     for an aggravated offence—imprisonment for 9 years; or

              (ii)     in any other case—imprisonment for 7 years; or

        (c)     for a 2nd or subsequent offence against a person under 10 years—

              (i)     for an aggravated offence—imprisonment for 15 years; or

              (ii)     in any other case—imprisonment for 12 years; or

        (d)     for a 2nd or subsequent offence against a young person 10 years or older—

              (i)     for an aggravated offence—imprisonment for 13 years; or

              (ii)     in any other case—imprisonment for 10 years.

Note     Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

    (2)     The Criminal Code

, chapter 2 (other than the immediately applied provisions) does not apply to an offence against subsection (1).

Note     The Criminal Code

does not apply to offences against this section that were offences in force before 1 January 2003 unless the offence is omitted and remade (see Criminal Code

, s 8).

    (3)     A person must not send or make available pornographic material to a young person.

Maximum penalty:

        (a)     for an aggravated offence—900 penalty units, imprisonment for 9 years or both; or

        (b)     in any other case—700 penalty units, imprisonment for 7 years or both.

    (4)     It is a defence to a prosecution for an offence against subsection (3) if the defendant—

        (a)     is an Internet service provider; and

        (b)     had no knowledge that the defendant's facilities were used to commit the offence.

    (5)     It is not a defence to a prosecution for an offence against this section that the young person had consented to some or all of the defendant's conduct or actions.

    (6)     However, it is a defence to a prosecution for an offence against this section if the defendant proves that the defendant believed on reasonable grounds that the young person was at least 16 years old.

    (7)     In this section:

"act of a sexual nature" means sexual intercourse or an act of indecency.

"classified"—see the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

, dictionary.

"pornographic material" means—

        (a)     material of a sexual nature that has been, or is likely to be, classified R 18+, RC, category 1 restricted or category 2 restricted; or

        (b)     material that has been, or is likely to be, classified X 18+.

"young person" means a person under 16 years old.