South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 68

68—Use of children in commercial sexual acts

        (1)         A person must not employ, engage, cause or permit a child to perform, or to continue to perform, commercial sexual acts.

Maximum penalty:

            (a)         if the child is under the age of 14 years—imprisonment for life;

            (b)         in any other case—imprisonment for 15 years.

        (2)         A person must not ask a child to perform commercial sexual acts.

Maximum penalty:

            (a)         if the child is under the age of 14 years—imprisonment for 15 years;

            (b)         in any other case—imprisonment for 12 years.

        (3)         A person must not—

            (a)         have an arrangement with a child who performs commercial sexual acts under which the person receives, on a regular or systematic basis, the proceeds, or a share in the proceeds, of commercial sexual acts performed by the child; or

            (b)         exploit a child by obtaining money knowing it to be the proceeds of commercial sexual acts performed by the child.

Maximum penalty:

            (a)         if the child is under the age of 14 years—imprisonment for 10 years;

            (b)         in any other case—imprisonment for 4 years.

        (4)         In proceedings for an offence against this section, it is not necessary for the prosecution to establish that the defendant knew the victim of the alleged offence to be a child.

        (5)         However, it is a defence to a charge of an offence against this section if it is proved that the defendant believed on reasonable grounds that the victim had attained 18 years of age.