(1)  A person (the " accused person " ) who makes a communication by any means, and to any person, with the intention of procuring a person under the age of 17 years, or a person the accused person believes is under the age of 17 years, to engage in an unlawful sexual act, either in this State or elsewhere, is guilty of a crime.

Charge:  Grooming with intent to procure a child [ or young person] for sexual abuse.

(2)  For the purposes of subsection (1)  –

unlawful sexual act means an act that would, if committed in relation to a person under the age of 17 years, constitute an offence under section 124 , 125B , 126 , 127 , 133 or 185 .

(3)  A person (the " accused person " ) who makes a communication by any means, and to any person, with the intention of exposing, without legitimate reason, a person under the age of 17 years, or a person the accused person believes is under the age of 17 years, to any indecent material, either in this State or elsewhere, is guilty of a crime.

Charge:  Grooming with intent to expose a child [ or young person] to indecent material.

(4)  For the purposes of subsection (3)  –

indecent material means any indecent film, printed matter, electronic data and any other thing of any kind (including any computer image or depiction).

(5)  It is a defence to a charge under this section to prove that the person whom the accused person intended to procure to engage in an unlawful sexual act or to expose to indecent material –

(a) was of or above the age of 15 years and the accused person was not more than 5 years older than that person; or

(b) was of or above the age of 12 years and the accused person was not more than 3 years older than that person.

(6)  Subsections (1) and (3) apply notwithstanding that the person who received the communication, or to whom the communication was directed, was a person of or above the age of 17 years who was represented to the accused person as a person under the age of 17 years with a fictitious identity.

(7)  Evidence that the person who received the communication, or to whom the communication was directed, was represented to the accused person as being under the age of 17 years is, in the absence of evidence to the contrary, proof that the accused person believed the person was under that age.