South Australian Current Acts South Australian Current Acts63B—Procuring child to commit indecent act etc
(a)
incites or procures the commission of an indecent act by a child under the
prescribed age in relation to that person; or
(b)
acting for a prurient purpose—
(i)
causes or induces a child under the prescribed age in
relation to that person to expose any part of his or her body; or
(ii)
makes a photographic, electronic or other record from
which the image, or images, of a child under the age of 17 years engaged in a
private act may be reproduced,
is guilty of an offence.
Maximum penalty:
(a) for
a basic offence—imprisonment for 12 years;
(b) for
an aggravated offence—imprisonment for 15 years.
(2)
Subsection (1) applies whether the acts alleged to constitute the
offence—
(a)
occur in private or in public; or
(b)
occur with or without the consent of the child, or the child's parent or
guardian.
(a)
procures a child under the prescribed age in relation to that person or makes
a communication with the intention of procuring a child under the
prescribed age in relation to that person to engage in, or submit to, a sexual
activity; or
(b)
makes a communication for a prurient purpose and with the intention of making
a child under the prescribed age in relation to that person amenable to a
sexual activity,
is guilty of an offence.
Maximum penalty:
(a) for
a basic offence—imprisonment for 12 years;
(b) for
an aggravated offence—imprisonment for 15 years.
(3a) For the purposes
of subsection (3), it does not matter if the victim is a fictitious
person represented to the defendant as a real person.
(4) It is a defence to
a charge under subsection (1)(a), (1)(b)(i) or (3) (other than where
the defendant was in "a position of authority in relation to the child) if the
defendant proves that—
(a) the
child was, on the date on which the offence is alleged to have been committed,
of or above the age of 16 years; and
(b) the
accused—
(i)
was, on the date on which the offence is alleged to have
been committed, under the age of 17 years; or
(ii)
believed on reasonable grounds that the child was of or
above the age of 17 years.
(4a) It is a defence
to a charge under subsection (1)(a), (1)(b)(i) or (3) if the defendant
was a person of a class described in subsection (6)(c) in relation to the
child and proves that—
(a) the
child was, on the date on which the offence is alleged to have been committed,
of or above the age of 17 years; and
(b) the
defendant—
(i)
was, on the date on which the offence is alleged to have
been committed, under the age of 18 years; or
(ii)
believed on reasonable grounds that the child was of or
above the age of 18 years.
(5) This section does
not apply if the person and the child are legally married to each other.
(6) For the purposes
of
this section, a person is in "a position of authority" in relation to a child
if—
(a) the
person is a teacher and the child is a pupil of the teacher or of a school at
which the teacher works; or
(b) the
person is a parent, step-parent, guardian or foster parent of the child or the
de facto partner or domestic partner of a parent, step-parent, guardian or
foster parent of the child; or
(c) the
person provides religious, sporting, musical or other instruction to the
child; or
(d) the
person is a religious official or spiritual leader (however described and
including lay members and whether paid or unpaid) in a religious or spiritual
group attended by the child; or
(e) the
person is a health professional or social worker providing professional
services to the child; or
(f) the
person is responsible for the care of the child and the child has a cognitive
impairment; or
(g) the
person is employed or providing services in a correctional institution (within
the meaning of the Correctional Services Act 1982 ) or a training centre
(within the meaning of the Young Offenders Act 1993 ), or is a person
engaged in the administration of those Acts, acting in the course of the
person's duties in relation to the child; or
(ga) the
person is employed or providing services in a licensed children's residential
facility (within the meaning of the Children and Young People (Safety)
Act 2017 ), or a residential care facility or other facility established
under section 36 of the Family and Community Services Act 1972 , or is a
person engaged in the administration of those Acts, acting in the course of
the person's duties in relation to the child; or
(h) the
person is an employer of the child or other person who has the authority to
determine significant aspects of the child's terms and conditions of
employment or to terminate the child's employment (whether the child is being
paid in respect of that employment or is working in a voluntary capacity).
(7) For the purposes
of this section, the "prescribed age" of a child in relation to a person
is—
(a) if
the person is in a position of authority in relation to the
child—18 years; or
(b) in
any other case—17 years.