Crimes Amendment (Sexual Procurement or Grooming of Children) Act 2007 (NSW)

An Act to amend the Crimes Act 1900 with respect to the sexual procurement or grooming of children, and to make consequential amendments to other Acts.

1Name of Act

This Act is the Crimes Amendment (Sexual Procurement or Grooming of Children) Act 2007.

2Commencement

This Act commences on a day to be appointed by proclamation.

3Amendment of Crimes Act 1900 No 40

The Crimes Act 1900 is amended as set out in Schedule 1.

4Consequential amendments to Criminal Procedure Act 1986 No 209

The Criminal Procedure Act 1986 is amended as set out in Schedule 2.

5Consequential amendment to Child Protection (Offenders Registration) Act 2000 No 42

The Child Protection (Offenders Registration) Act 2000 is amended as set out in Schedule 3.

6Repeal of Act(1)

This Act is repealed on the day following the day on which this Act commences.

(2)

The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1Amendment of Crimes Act 1900 No 40

(Section 3)

[1]Section 66EB

Insert after section 66EA:

66EBProcuring or grooming child under 16 for unlawful sexual activity(1)

In this section:

adult person means a person who is of or over the age of 18 years.

child means a person who is under the age of 16 years.

conduct includes:

• (a)

  communicating in person or by telephone, the internet or other means, or

• (b)

  providing any computer image, video or publication.

unlawful sexual activity means an act that constitutes an offence under this Division or Division 10A or 15 (or, in the case of an act occurring outside this State, that would constitute such an offence if it occurred in this State).

(2)

An adult person who intentionally procures a child for unlawful sexual activity with that or any other person is guilty of an offence.

Maximum penalty:

• (a)

  in the case of a child who is under the age of 14 years—imprisonment for 15 years, or

• (b)

  in any other case—imprisonment for 12 years.

(3)

An adult person:

• (a)

  who engages in any conduct that exposes a child to indecent material or provides a child with an intoxicating substance, and

• (b)

  who does so with the intention of making it easier to procure the child for unlawful sexual activity with that or any other person,

is guilty of an offence.

Maximum penalty:

• (a)

  in the case of a child who is under the age of 14 years—imprisonment for 12 years, or

• (b)

  in any other case—imprisonment for 10 years.

(4)

In any proceedings for an offence against this section, it is necessary to prove that the child was or was to be procured for unlawful sexual activity, but it is not necessary to specify or to prove any particular unlawful sexual activity.

(5)

A reference in this section to a child includes a reference to a person who pretends to be a child if the accused believed that the person was a child. In that case, a reference in this section:

• (a)

  to unlawful sexual activity includes a reference to anything that would be unlawful sexual activity if the person were a child, and

• (b)

  to the age of the child is a reference to the age that the accused believed the person to be.

(6)

The higher maximum penalty under subsection (2) or (3) in the case of a child under the age of 14 years does not apply unless the age of the child is set out in the charge for the offence.

(7)

It is a defence in proceedings for an offence against this section if the accused reasonably believed that the other person was not a child.

(8)

If on the trial of a person charged with an offence against subsection (2) the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (3), the jury may acquit the person of the offence charged and find the person guilty of an offence against subsection (3). The person is liable to punishment accordingly.

[2]Section 77 Consent no defence in certain cases

Insert “, 66EB” after “66EA”.

[3]Section 562A Definition of “personal violence offence”

Insert “, 66EB” after “66EA”.

Schedule 2Consequential amendments to Criminal Procedure Act 1986 No 209

(Section 4)

[1]Section 3 (1) Definition of “prescribed sexual offence”

Insert “, 66EB” after “66EA”.

[2]Schedule 1 Indictable offences triable summarily

Omit “or 61O (1) or (1A)” from clause 1 of Table 2.

Insert instead “, 61O (1) or (1A) or 66EB”.

Schedule 3Consequential amendment to Child Protection (Offenders Registration) Act 2000 No 42

(Section 5)

Insert after paragraph (a):

(a1)

an offence under section 66EB of the Crimes Act 1900, or