Crimes Legislation Amendment (Child Sexual Offences) Act 1998 (NSW)
New South Wales
Crimes Legislation Amendment
(Child Sexual Offences) Act 1998
No 131
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendment of Acts 2 Schedules
1 Amendment of Crimes Act 1900 NO 40 3 2 Amendment of Summary Offences Act 1988 No 25 6
New South Wales
Crimes Legislation Amendment
(Child Sexual Offences) Act 1998No 131
Act No 131, 1998
An Act to amend the Crimes Act 1900 and the Summary Offences Act 1988 to create offences relating to the persistent sexual abuse of children and to
loitering by convicted child sexual offenders near premises frequented by
children. [Assented to 30 November 1998]
| Section 1 | Crimes Legislation Amendment (Child Sexual Offences) Act 1998 No 131 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes Legislation Amendment (Child Sexual
Offences) Act 1998.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Acts
The Acts specified in Schedules 1 and 2 are amended as set out in those Schedules.
Crimes Legislation Amendment (Child Sexual Offences) Act 1998 No 131
Amendment of Crimes Act 1900 No 40 Schedule 1 Schedule 1 Amendment of Crimes Act 1900
No 40
(Section 3)
[1] Section 4 Definitions
Insert “, 66EA” after “66D” in the definition of prescribed sexual
offence in section 4 (1).
[2] Section 66EA
Insert after section 66E:
66EA Persistent sexual abuse of a child
A person who. on 3 or more separate occasions occurring on separate days during any period, engages in conduct in relation to a particular child that constitutes a sexual offence is liable to penal servitude for 25 years.
It is immaterial whether or not the conduct is of the same nature, or constitutes the same offence, on each occasion.
It is immaterial that the conduct on any of those occasions occurred outside New South Wales, so long as the conduct on at least one of those occasions occurred in New South Wales.
In proceedings for an offence against this section. it is not necessary to specify or to prove the dates or exact circumstances of the alleged occasions on which the conduct constituting the offence occurred.
A charge of an offence against this section:
(a) must specify with reasonable particularity the period during which the offence against this section occurred, and (b) must describe the nature of the separate offences alleged to have been committed by the accused during that period. Crimes Legislation Amendment (Child Sexual Offences) Act 1998 NO 131
| Schedule 1 | Amendment of Crimes Act 1900 No 40 |
In order for the accused to be convicted of an offence against this section:
the jury must be satisfied beyond reasonable doubt that the evidence establishes at least 3 separate occasions, occurring on separate days during the period concerned, on which the accused engaged
in conduct constituting a sexual offence in relation
to a particular child of a nature described in the
charge, and
the jury must be so satisfied about the material
facts of the 3 such occasions, although the jury
need not be so satisfied about the dates or the
order of those occasions, and
if more than 3 such occasions are relied on as
evidence of the commission of an offence against
this section, all the members of the jury must be sosatisfied about the same 3 occasions, and
offence against this section occurred after the relied on as evidence of the commission of an the jury must be satisfied that the 3 such occasions commencement of this section. In proceedings for an offence against this section, the
judge must inform the jury of the requirements of
subsection (6).A person who has been convicted or acquitted of an offence against this section may not be convicted of a
alleged to have been committed in the period during sexual offence in relation to the same child that is which the accused was alleged to have committed an offence against this section. This subsection does not prevent an alternative verdict under subsection (10).
A person who has been convicted or acquitted of a sexual offence may not be convicted of an offence against this section in relation to the same child if any of the occasions relied on as evidence of the commission of the offence against this section includes the occasion of that sexual offence.
Crimes Legislation Amendment (Child Sexual Offences) Act 1998 No 131
Amendment of Crimes Act 1900 No 40 Schedule 1
(10)
If on the trial of a person charged with an offence against this section the jury is not satisfied that the offence is proven but is satisfied that the person has, in respect of any of the occasions, relied on as evidence of the commission of the offence against this section, committed a sexual offence, the jury may acquit the person of the offence charged and find the person guilty of that sexual offence. The person is liable to punishment accordingly.
(11)
Proceedings for an offence against this section may only be instituted by or with the approval of the Director of Public Prosecutions.
(12) In this section:
child means a person under the age of 18 years.
sexual offence means any of the following:
(a) an offence under section 61I, 61J, 61K, 61L, 61M, 61N, 61O, 66A, 66B, 66C, 66D, 66F, 73, 74, 78H, 781, 78K, 78L, 78N, 78O, 78Q or 80A, (b) an offence of attempting to commit an offence referred to in paragraph (a). (c) an offence under the law of a place outside New South Wales that would, if it had been committed in New South Wales, be an offence referred to in
paragraph (a) or (b).
[3] Section 77 Consent no defence in certain cases
Insert “, 66EA” after "66D" in section 77 (1).
Crimes Legislation Amendment (Child Sexual Offences) Act 1998 No 131
| Schedule 2 | Amendment of Summary Offences Act 1988 No 25 |
| Schedule 2 | Amendment of Summary Offences Act 1988 No 25 |
(Section 3)
Part 2, Division 2A (section 11G)
Insert after Division 2 of Part 2:
Division 2A Loitering by convicted child sexual
offenders11G Loitering by convicted child sexual offenders near
premises frequented by children
(1) A person who is a convicted child sexual offender and
who loiters, without reasonable excuse, in or near:
(a) a school, or (b)
a public place regularly frequented by children and in which children are present at the time of the loitering,
is guilty of an offence.
Maximum penalty: 50 penalty units or imprisonment for
2 years, or both.(2) In this section:
child means a person under the age of 16 years.convicted child sexual offender means a person who has been convicted, whether before or after the commencement of this section, of any of the following offences:
(a)
an offence involving sexual activity or acts of indecency that was committed in New South Wales against or in respect of a child and that was punishable by penal servitude or imprisonment for
12 months or more.
(b) an offence under sections 91D–91G of the Crimes Act 1900 (other than if committed by a child
prostitute).
(c)
an offence under section 578B or 578C (2A) of the Crimes Act 1900.
Crimes Legislation Amendment (Child Sexual Offences) Act 1998 No 131
| Amendment of Summary Offences Act 1988 NO 25 | Schedule 2 |
(d) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraphs (a)–(c), (e) an offence under a law of a place outside New South Wales that would, if it had been committed in New South Wales, be an offence referred to in
paragraphs (a)–(d).
conviction includes a spent conviction.
[Minister's second reading speech made in— Legislative Council on 20 October 1998 Legislative Assembly on 25 November 1998]
0
0
0