New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 66DE

66DE Aggravated sexual act--child between 10 and 16

(1) Any person who in circumstances of aggravation intentionally--

(a) carries out a sexual act with or towards a child who is of or above the age of 10 years and under the age of 16 years, or

(b) incites a child who is of or above the age of 10 years and under the age of 16 years to carry out a sexual act with or towards the person, or

(c) incites a child who is of or above the age of 10 years and under the age of 16 years to carry out a sexual act with or towards another person, or

(d) incites another person to carry out a sexual act with or towards a child who is of or above the age of 10 years and under the age of 16 years,

is guilty of an offence.

: Maximum penalty--Imprisonment for 5 years.

(2) In this section,
"circumstances of aggravation" means circumstances in which--

(a) at the time of, or immediately before or after, the commission of the offence, the accused person intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby, or

(b) at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or

(c) the accused person is in the company of another person or persons, or

(d) the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or

(e) the complainant has a serious physical disability, or

(f) the complainant has a cognitive impairment, or

(g) the accused person took advantage of the complainant being under the influence of alcohol or a drug in order to commit the offence, or

(h) the accused person deprives the complainant of his or her liberty for a period before or after the commission of the offence, or

(i) the accused person breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence.