Version No. 314
Crimes Act 1958
No. 6231 of 1958
Version incorporating amendments as at
22 October 2025
TABLE OF PROVISIONS
Section Page
1Short title and commencement
2Repeals and savings
2ADefinitions
2BOffences under this Act deemed to be indictable offences
Part I—Offences
Division 1—Offences against the person
(1) Homicide
3Punishment for murder
3AUnintentional killing in the course or furtherance of a crime of violence
3BProvocation no longer a partial defence to murder
4AManslaughter—single punch or strike taken to be dangerous act
5Punishment of manslaughter
5AChild homicide
5BHomicide by firearm
5CRelationship between manslaughter, child homicide and homicide by firearm
6Infanticide
6ASuicide no longer a crime
6BSurvivor of suicide pact who kills deceased party is guilty of manslaughter
8Petit treason
9Provision for trial for murder or manslaughter in Victoria where death or cause of death only happens in Victoria
9AAAbolition of year-and-a-day rule
(1A) Treasonable offences
9ATreason
(4) Offences against the person
15Definitions
15ACausing serious injury intentionally in circumstances of gross violence
15BCausing serious injury recklessly in circumstances of gross violence
15COther offenders need not be prosecuted
16Causing serious injury intentionally
17Causing serious injury recklessly
18Causing injury intentionally or recklessly
19Offence to administer certain substances
20Threats to kill
21Threats to inflict serious injury
21AStalking
22Conduct endangering life
23Conduct endangering persons
24Negligently causing serious injury
25Setting traps etc. to kill
26Setting traps etc. to cause serious injury
27Extortion with threat to kill
28Extortion with threat to destroy property etc.
29Using firearm to resist arrest etc.
30Threatening injury to prevent arrest
31Assaults
31AUse of firearms in the commission of offences
31BBeing armed with criminal intent
31CDischarging a firearm reckless to safety of a police officer or a protective services officer
31DIntimidation of a law enforcement officer or a family member of a law enforcement officer
32Offence to perform female genital mutilation
33Offence to take a person from the State with the intention of having prohibited female genital mutilation performed
34Consent not a defence to a charge under sections 32 or 33
34AExceptions to offences under section 32
(4A) Non-fatal strangulation
34ABDefinitions
34ACGuiding principles
34ADNon-fatal strangulation intentionally causing injury
34AENon-fatal strangulation
34AFSexual activity and consent defence to offence of non-fatal strangulation
34AGSexual activity and consent defence—meaning of consent
34AHSexual activity and consent defence—circumstances in which a person does not consent
34AISexual activity and consent defence—reasonable belief in consent
34AJSexual activity and consent defence—effect of intoxication on standard to be applied in determining reasonable belief
34AKNo defence of mistaken but honest and reasonable belief regarding relationship
34ALReview of amendments made by Crimes Amendment (Non-fatal Strangulation) Act 2023
(5) Corpses
34BSexual activity with the corpse of a human being
34BARemoval of body parts from the corpse of a human being
34BBOffensive conduct involving human remains
34BCLocation of corpse or human remains immaterial
34BDExceptions
34BENo defence of mistaken but honest and reasonable belief that activity was not sexual or conduct was not offensive
(8) Sexual offences (general provisions)
35Definitions
35ASexual penetration
35BTouching
35CTaking part in a sexual act
35DSexual activity
36Consent
36AACircumstances in which a person does not…