Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 218B

218B Grooming child under 16 years or parent or carer of child under 16 years

(1) In this section—

(a) a reference to a
"child" , in relation to an adult engaging in conduct in relation to a child, is a reference to—

(i) a person under 16 years; or

(ii) a person the adult believes is under 16 years, whether the person is a real person or a fictitious person who is represented to the adult as a real person under 16 years; and

(b) a reference to a
"child" , in relation to an adult engaging in conduct in relation to another person who has care of a child, is a reference to—

(i) a person under 16 years; or

(ii) a person the adult believes is under 16 years; and

(c) a reference to a
"person who has care of a child" , in relation to an adult engaging in conduct in relation to another person who has care of a child, includes a reference to a person whom the adult believes is a person who has care of a child.

(2) An adult who engages in conduct in relation to a child, or a person who has care of a child, with intent to—

(a) facilitate the procurement of the child to engage in a sexual act, either in Queensland or elsewhere; or

(b) expose, without legitimate reason, the child to any indecent matter, either in Queensland or elsewhere;

commits a crime.

Example—

See section 1 for the definition
"indecent matter" .

Penalty—

Maximum penalty—5 years imprisonment.

(3) The adult is liable to 10 years imprisonment if the child is—

(a) a person under 12 years; or

(b) a person, including a fictitious person, the adult believes is under 12 years.

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

(5) 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.

(6) For subsection (2) (a) , a child engages in a sexual act if the child—

(a) allows a sexual act to be done to the child; or

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

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

(7) Subsection (6) is not limited to sexual intercourse or acts involving physical contact.

(8) For subsection (2) (a) —

(a) it is not necessary to prove that the adult intended to facilitate the procurement of the child to engage in any particular sexual act; and

(b) it does not matter that, by reason of circumstances not known to the adult, it is impossible in fact for the child to engage in the sexual act; and

(c) it does not matter when the adult intended the child would be procured to engage in a sexual act.

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

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

(11) For an offence defined in subsection (2) alleged to have been committed with the circumstance of aggravation mentioned in subsection (3) , it is a defence to the circumstance of aggravation to prove that the adult believed on reasonable grounds that the child was at least 12 years.

(12) In this section—

"person who has care of a child" includes a parent, foster-parent, step-parent, guardian or other adult in charge of the child, whether or not the person has lawful custody of the child.

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