Criminal Law Consolidation (Child-Like Sex Dolls Prohibition) Amendment Act 2019 (SA)

South Australia

Criminal Law Consolidation (Child-Like Sex Dolls Prohibition) Amendment Act 2019

An Act to amend the Criminal Law Consolidation Act 1935 and to make related amendments to the Summary Offences Act 1953.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Criminal Law Consolidation (Child-Like Sex Dolls Prohibition) Amendment Act 2019.

2Commencement

1. (1)

   Subject to subsection (2), this Act will come into operation 3 months after the day on which it is assented to by the Governor.

2. (2)

   Schedule 1 will come into operation—

   1. (a)

      3 months after the day on which this Act is assented to by the Governor; or

   2. (b)

      immediately after section 11 of the Statutes Amendment (Child Exploitation and Encrypted Material) Act 2019 comes into operation,

whichever occurs later.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Criminal Law Consolidation Act 19354Amendment of section 62 – Interpretation

1. (1)

   Section 62, definition of child exploitation material—delete the definition and substitute:

   child exploitation material means material—

   1. (a)

      —

      1. (i)

         that—

         1. (A)

            describes or depicts a child under, or apparently under, the age of 17 years engaging in sexual activity; or

         2. (B)

            consists of, or contains, the image or representation of (or what appears to be the image or representation of) a child under, or apparently under, the age of 17 years, or the bodily parts of such a child, or in the production of which such a child has been or appears to have been involved; or

         3. (C)

            (without limiting subsubparagraph (B)) consists of, or contains, the image or representation of (or what appears to be the image or representation of) a child‑like sex doll, or part of a child‑like sex doll; and

      2. (ii)

         that is of a pornographic nature; or

   2. (b)

      that is a child‑like sex doll;

   child‑like sex doll means an actual doll or other object that—

   1. (a)

      resembles—

      1. (i)

         a person who is, or appears to be, under 17 years of age; or

      2. (ii)

         a part of the body of such a person; and

   2. (b)

      a reasonable person would consider it likely that the doll or other object is intended to be used by a person to simulate sexual intercourse;

2. (2)

   Section 62, definition of disseminate, paragraph (a)—delete "exhibits," and substitute:

   sells, exhibits, distributes,

3. (3)

   Section 62, definition of material, paragraph (c)—after "sculpture," insert:

   doll,

5Amendment of section 63 – Production or dissemination of child exploitation material

Section 63—after "child exploitation material" wherever occurring insert:

, other than a child‑like sex doll,

6Insertion of section 63AA

After section 63 insert:

63AA—Production or dissemination of child‑like sex dolls

A person who—

1. (a)

   produces, or takes any step in the production of, a child‑like sex doll; or

2. (b)

   disseminates, or takes any step in the dissemination of, a child‑like sex doll,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

7Amendment of section 63A – Possession of child exploitation material

1. (1)

   Section 63A(1)(a)—after "child exploitation material" insert:

   , other than a child‑like sex doll,

2. (2)

   Section 63A(1)(b)—delete paragraph (b) and substitute:

   1. (b)

      intending to obtain access to child exploitation material, other than a child‑like sex doll, obtains access, or takes a step towards obtaining access, to child exploitation material (other than a child‑like sex doll),

8Insertion of section 63AAB

After section 63A insert:

63AAB—Possession of child‑like sex dolls

A person who is in possession of a child‑like sex doll is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

Schedule 1—Related Amendments

Part 1—Amendment of Summary Offences Act 1953

1—Amendment of section 74BN

Section 74BN(1), definition of child exploitation offence—delete the definition and substitute:

child exploitation offence means—

1. (a)

   an offence against Part 3 Division 11A of the Criminal Law Consolidation Act 1935; or

2. (b)

   any other offence involving sexual exploitation or abuse of a child, or exploitation of a child as an object of prurient interest;