Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 218A

218A Using internet etc. to procure children under 16

(1) Any adult who uses electronic communication with intent to procure a person under the age of 16 years, or a person the adult believes is under the age of 16 years, to engage in a sexual act, either in Queensland or elsewhere, commits a crime.

Penalty—

Maximum penalty—10 years imprisonment.

(2) The adult is liable to 14 years imprisonment if—

(a) the person is—

(i) a person under 12 years; or

(ii) a person the adult believes is under 12 years; or

(b) the offence involves the adult—

(i) intentionally meeting the person; or

(ii) going to a place with the intention of meeting the person.

(2A) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.

(2B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.

(3) For subsection (1) , a person engages in a sexual act if the person—

(a) allows a sexual act to be done to the person’s body; or

(b) does a sexual act to the person’s own body or the body of another person; or

(c) otherwise engages in an act of an indecent nature.

(4) Subsection (3) is not limited to sexual intercourse or acts involving physical contact.

(5) For subsection (1) , it is not necessary to prove that the adult intended to procure the person to engage in any particular sexual act.

(6) Also, for subsection (1) , it does not matter that, by reason of circumstances not known to the adult, it is impossible in fact for the person to engage in the sexual act.

(7) For subsection (1) , it does not matter that the person is a fictitious person represented to the adult as a real person.

(8) Evidence that the person was represented to the adult as being under the age of 16 years, or 12 years, as the case may be, is, in the absence of evidence to the contrary, proof that the adult believed the person was under that age.

(9) It is a defence to a charge under this section to prove the adult believed on reasonable grounds that the person was at least 16 years.

(9A) For an offence defined in subsection (1) alleged to have been committed with the circumstance of aggravation mentioned in subsection (2) (a) (i) , it is a defence to the circumstance of aggravation to prove that the adult believed on reasonable grounds that the person was at least 12 years.

(10) In this section—

"electronic communication" means email, internet chat rooms, SMS messages, real time audio/video or other similar communication.

"meeting" means meeting in person.

"procure" means knowingly entice or recruit for the purposes of sexual exploitation.