New South Wales Consolidated Acts

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CRIMES ACT 1900 - SECT 61KF

Aggravated sexual act

61KF Aggravated sexual act

(1) Any person (the
"accused person" ) who without the consent of another person (the
"complainant" ) and knowing that the complainant does not consent and in circumstances of aggravation intentionally--
(a) carries out a sexual act with or towards the complainant, or
(b) incites the complainant to carry out a sexual act with or towards the accused person, or
(c) incites a third person to carry out a sexual act with or towards the complainant, or
(d) incites the complainant to carry out a sexual act with or towards a third person,
is guilty of an offence.
: Maximum penalty--Imprisonment for 3 years.
(2) In this section,
"circumstances of aggravation" means circumstances in which--
(a) the accused person is in the company of another person or persons, or
(b) the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or
(c) the complainant has a serious physical disability, or
(d) the complainant has a cognitive impairment.



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