Australian Institute of Criminology

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Non-contact offences

There are a range of sexually abusive behaviours that may not involve physical contact between the offender and victim, but still constitutes an offence under Australian law. Non-contact sexual offences include:

  • facilitation offences—offences that make sexual assault/abuse occur/possible;
    • procuring children for sexual purposes;
    • ‘grooming’ children (eg exposing them to indecent material);
    • abduction for sexual purposes; and
    • drugging etc victim for sexual purpose;
  • compelling persons to engage in sexual self-manipulation behaviours;
  • compelling persons to engage in sexual activities with a third person (not the offender);
  • voyeurism (not including acts that involve unlawfully recording the victim);
  • sexual servitude;
  • loitering in places frequented by children by convicted sex offenders; and
  • indecent exposure and indecent/offensive behaviour (see Table 5).
               
Table 5: Non-contact offences, by jurisdiction

Jurisdiction

Relevant legislation

Section

Offence

Aggravating factors

Age of victim

Maximum penalty & standard non-parole period (if applicable)

Australian Capital Territory

Crimes Act 1900

51(2)

Sexual assault in the first degree (person who acting in company with another person inflicts GBH on victim to facilitate sexual intercourse between victim and another person)

MP: 20 years imprisonment

52(2)

Sexual assault in the second degree (person who acting in company with another person inflicts ABH on victim to facilitate sexual intercourse between victim and another person)

MP: 17 years imprisonment

52(3)

Sexual assault in the third degree (person who acting in company with another person unlawfully assaults or threatens to inflict GHB or ABH on victims to facilitate sexual intercourse between victim and another person)

MP: 14 years imprisonment

63

Abduction (with intention of engaging in sexual intercourse)

MP: 10 years imprisonment

66(1)

Using the Internet etc to deprave young people (using electronic means to suggest that a young person commit or take part in an act of sexual nature)

<16 years old

MP: 7 years imprisonment (1st offence)

MP: 10 years imprisonment (2nd offence)

66(2)

Using the Internet etc to deprave young people (using electronic means to send or make available pornographic material to a young person)

<16 years old

MP: 700 penalty units or 7 years imprisonment or both

79(1)

Sexual servitude

Victim is <18 years old

MP: 15 years imprisonment

MP: 19 years imprisonment (aggravated)

79(2)

Sexual servitude (business)

Victim is <18 years old

MP: 15 years imprisonment

MP: 19 years imprisonment (aggravated)

80

Deceptive recruiting for sexual services

MP: 7 years imprisonment

MP: 9 years imprisonment (aggravated)

392

Offensive behaviour

MP: $1,000 fine

393

Indecent exposure

MP: 20 penalty units or 12 months imprisonment or both

New South Wales

Crimes Act 1900

66EB(2)

Procuring or grooming child under 16 for unlawful sexual activity

Victim <14 years old

<16 years old

MP: 12 years imprisonment

MP: 15 years imprisonment (aggravated)

SNPP: 6 years imprisonment

66EB(2A)

Procuring or grooming child under 16 for unlawful sexual activity (meeting child following grooming)

Victim <14 years old

<16 years old

MP: 12 years imprisonment

MP: 15 years imprisonment (aggravated)

SNPP: 5 years imprisonment

66EB(3)

Grooming children

Victim <14 years old

<16 years old

MP: 10 years imprisonment

MP: 12 years imprisonment (aggravated)

SNPP: 5 years imprisonment

80A(2)

Sexual assault by forced self-manipulation

MP: 14 years imprisonment

80A(2A)

Aggravated sexual assault by forced self-manipulation

Victim <16 years old

Victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender

Victim has a serious physical disability or cognitive impairment

MP: 20 years imprisonment

 

80D(1)

Causing sexual servitude

MP: 15 years imprisonment

80D(2)

Causing sexual servitude (aggravated)

Victim <18 years old

Victim has a cognitive impairment

MP: 20 years imprisonment

80E(1)

Conduct of business involving sexual servitude

MP: 15 years imprisonment

80E(2)

Conduct of business involving sexual servitude (aggravated)

Victim is <18 years old

Victim has a cognitive impairment

MP: 19 years imprisonment

80G(1)

Incitement to commit sexual offence

Dependent on offence

Dependent on offence

91A

Procuring etc

MP: 7 years imprisonment

91B

Procuring person by drugs etc

MP: 10 years imprisonment

91E(1)

Obtaining benefit from child prostitution

Victim is <14 years

< 18 years old

MP: 10 years imprisonment

MP: 14 years imprisonment (aggravated)

SNPP: 6 years imprisonment

91J(1)

Voyeurism

MP: 100 penalty units or 2 years imprisonment or both

91J(3)

Voyeurism (aggravated)

Victim <16 years

Offender constructed or adapted the fabric of any building for the purpose of facilitating the commission of the offence

MP: 5 years imprisonment

91J(6)

Voyeurism (attempts)

Dependent on offence

MP: Offender is liable to the penalty provided for the commission of the offence

547C

Peeping or prying

MP: 2 penalty units or 3 months imprisonment

Summary Offences Act 1988

4(1)

Offensive conduct (within view or hearing from a public place or a school)

MP: 6 penalty units or 3 months imprisonment

5

Obscene exposure

MP: 10 penalty units or 6 months imprisonment

11G(1)

Loitering by convicted child sexual offenders near premises frequented by children

MP: 100 penalty unites or 2 years imprisonment

Northern Territory

Criminal Code Act 1983

131(1)

Attempts to procure a child under 16 years

<16 years old

MP: 3 years imprisonment

MP: 5 years imprisonment (if offender was an adult)

SNPP: 70% of the period of imprisonment that the offender is to serve under the sentencea

132(2)(b)

Indecent dealing with child under 16 (exposes child to an indecent act)

Victim <10 years old

<16 years old

MP: 10 years imprisonment

MP: 14 years imprisonment (aggravated)

SNPP: 70% of the period of imprisonment that the offender is to serve under the sentencea

132(2)(d)

Indecent dealing with child under 16 (procures child to perform an indecent act)

Victim <10 years old

<16 years old

MP: 10 years imprisonment

MP: 14 years imprisonment (aggravated)

SNPP: 70% of the period of imprisonment that the offender is to serve under the sentencea

132(2)(e)

Indecent dealing with child under 16 (exposes child to an indecent object or indecent film, video tape, audio tape, photograph or book)

Victim <10 years old

<16 years old

MP: 10 years imprisonment

MP: 14 years imprisonment (aggravated)

SNPP: 70% of the period of imprisonment that the offender is to serve under the sentencea

133

Gross indecency in public

MP: 2 years imprisonment

192B(2)

Coerced sexual self-manipulation

MP: 17 years imprisonment

201

Abduction, enticement or detention of child under 16 years for immoral purpose (sexual intercourse or indecent dealing)

<16 years old

MP: 7 years imprisonment

202B(1)

Sexual servitude

>17 years old

MP: 15 years imprisonment

202B(2)

Sexual servitude

12–17 years old

MP: 20 years imprisonment

202B(3)

Sexual servitude

<12 years old

MP: Life imprisonment

202C(1)

Conducting business involving sexual servitude

>17 years old

MP: 15 years imprisonment

202C(2)

Conducting business involving sexual servitude

12–17 years old

MP: 20 years imprisonment

202C(3)

Conducting business involving sexual servitude

<12 years old

MP: Life imprisonment

202D(1)

Deceptive recruiting for sexual services

MP: 10 years imprisonment

202D(2)

Deceptive recruiting for sexual services

<18 years old

MP: 15 years imprisonment

Summary Offences Act

47

Offensive, etc, conduct

MP: $2,000 fine or 6 months imprisonment or both

47AC(2)

Loitering by sexual offender

MP: $5,000 fine or 12 months imprisonment

50

Indecent exposure of the person

MP: $2,000 fine or 6 months imprisonment or both

Queensland

Criminal Code Act 1899

210(1)(b)

Indecent treatment of children under 16 (unlawfully procures child to commit an indecent act)

Victim <12 years old

Offender was the victim’s guardian or was responsible for their care at time of offence

Child has an impairment of the mind

<16 years old

MP: 14 years imprisonment

MP: 20 years imprisonment (aggravated)

SNPP: 80% of imprisonment term or 15 years (whichever occurs first)

210(1)(d)

Indecent treatment of children under 16 (exposes a child to an indecent act by the offender or other person)

Victim <12 years old

Offender was the victim’s guardian or was responsible for their care at time of offence

Child has an impairment of the mind

<16 years old

MP: 14 years imprisonment

MP: 20 years imprisonment (aggravated)

SNPP: 80% of imprisonment term or 15 years (whichever occurs first)

210(1)(e)

Indecent treatment of children under 16 (exposes child to any indecent object, film, videotape, audiotape, picture, photography or printed or written matter)

Victim <12 years old

Offender was the victim’s guardian or was responsible for their care at time of offence

Child has an impairment of the mind

<16 years old

MP: 14 years imprisonment

MP: 20 years imprisonment (aggravated)

SNPP: 80% of imprisonment term or 15 years (whichever occurs first)

217(1)

Procuring young person etc for carnal knowledge

<18 years old (no age requirement if victim has an impairment of the mind)

MP: 14 years imprisonment

SNPP: 80% of imprisonment term or 15 years (whichever occurs first)

218(1)

Procuring sexual acts by coercion etc

MP: 14 years imprisonment

SNPP: 80% of imprisonment term or 15 years (whichever occurs first)

218A(1)

Using internet etc to procure children under 16

Victim <12 years old

Offence involves the adult going to meet the child

<16 years old

MP: 10 years imprisonment

MP: 14 years imprisonment (aggravated)

218B(1)(a)

Grooming children under 16 (facilitate procurement of child to engage in a sexual act)

Victim <12 years old

<16 years old

MP: 5 years imprisonment

MP: 10 years imprisonment (aggravated)

218B(1)(b)

Grooming children under 16 (expose child to any indecent matter)

Victim <12 years old

<16 years old

MP: 5 years imprisonment

MP: 10 years imprisonment (aggravated)

219(1)

Taking child for immoral purposes

Victim <12 years old

<16 years old

<18 years old (If proscribed act involves sodomy)

MP: 10 years imprisonment

MP: 14 years imprisonment (if victim <12 years old)

MP: Life imprisonment (if victim <12 years old and proscribed act involves sodomy or sexual intercourse)

SNPP: 80% of imprisonment term or 15 years (whichever occurs first)

221

Conspiracy to defile (conspires to induce any person by any false pretence or other fraudulent means to permit any person to have unlawful sexual intercourse)

MP: 10 years imprisonment

227

Indecent acts

MP: 2 years imprisonment

228(1)

Obscene publications and exhibitions

Person depicted/appearing in the material/show <12 years old

MP: 2 years imprisonment

MP: 5 years imprisonment (if person represented/appearing is <16 years old)

MP: 10 years imprisonment (if person represented/appearing is <12 years old)

228A(1)

Involving child in making child exploitation material

<16 years old

MP: 14 years imprisonment

228B(1)

Making child exploitation material

<16 years old

MP: 14 years imprisonment

229G

Procuring engagement in prostitution

Victim is not an adult or is a person with an impairment of the mind

MP: 7 years imprisonment

MP: 20 years imprisonment (aggravated)

229H

Knowingly participating in provision of prostitution

Victim is not an adult or is a person with an impairment of the mind

MP: 3 years imprisonment (1st offence); 5 years imprisonment (2nd offence); 7 years imprisonment (3rd or subsequent offence)

MP: 14 years imprisonment (aggravated)

229HB

Carrying on business of providing unlawful prostitution

Victim is not an adult or has an impairment of the mind

MP: 7 years imprisonment

MP: 20 years imprisonment (aggravated)

229K

Having an interest in premises used for prostitution

Victim is not an adult or has an impairment of the mind

MP: 3 years imprisonment (1st offence); 5 years imprisonment (2nd offence); 7 years imprisonment (3rd and subsequent offence)

MP: 14 years imprisonment (aggravated)

229L

Permitting young person etc to be at place used for prostitution

MP: 14 years imprisonment

352(1)(b)

Sexual assault (procures another person to commit an act of gross indecency or witness an act of gross indecency)

<16 years old

MP: 10 years imprisonment

SNPP: 80% of imprisonment term or 15 years (whichever occurs first)

Summary Offences Act 2005

9(1)

Wilful exposure (in public place)

Purpose of act was to offend or embarrass another person

MP: 2 penalty units

MP: 40 penalty units or 1 year imprisonment (aggravated)

9(2)

Wilful exposure (to be seen by a person in a public place)

Purpose of act was to offend or embarrass another person

MP: 2 penalty units

MP: 40 penalty units or 1 year imprisonment (aggravated)

Classification of Films Act 1991

38(1)

Exhibition of an R 18+ or objectionable film before a minor (without consent of parent or guardian)

MP: 50 penalty units

38(2)

Exhibition of an R 18+ or objectionable film before a minor (regardless of parent or guardian consent)

MP: 100 penalty units

South Australia

Criminal Law Consolidation Act 1935

48(2)(b)

Rape (compel sexual intercourse with person other than offender or act of sexual self-penetration)

MP: Life imprisonment

48A(1)(b)

Compelled sexual manipulation (sexual manipulation of someone other than the offender)

Victim <12 years old

The offender abused a position of authority, or a position of trust, in committing the offence

MP: 10 years imprisonment

MP: 15 years imprisonment (aggravated)

48A(1)(c)

Compelled sexual manipulation (sexual self-manipulation)

Victim <12 years old

The offender abused a position of authority, or a position of trust, in committing the offence

MP: 10 years imprisonment

MP: 15 years imprisonment (aggravated)

58(1)(b)

Acts of gross indecency (incites or procures act of gross indecency)

MP: 3 years imprisonment (1st offence)

MP: 5 years imprisonment (2nd offence)

58(1)(c)

Acts of gross indecency (party to the commission of an act of gross indecency)

MP: 3 years imprisonment (1st offence)

MP: 5 years imprisonment (2nd offence)

59

Abduction of male or female person (with intent to marry or have sexual intercourse)

Victim <12 years old

The offender abused a position of authority, or a position of trust, in committing the offence

MP: 14 years imprisonment

MP: 18 years imprisonment (aggravated)

60

Procuring sexual intercourse

Victim <12 years old

The offender abused a position of authority, or a position of trust, in committing the offence

MP: 7 years imprisonment

MP: 10 years imprisonment (aggravated)

63B(1)(a)

Procuring child to commit indecent act etc (procures child for commission of an indecent act in relation to offender)

Victim <12 years old

The offender abused a position of authority, or a position of trust, in committing the offence

<17 years old

<18 years old (if offender is in a position of authority over the victim)

MP: 10 years imprisonment

MP: 12 years imprisonment (aggravated)

63B(1)(b)(i)

Procuring child to commit indecent act etc (acting for purient purposes causes/induces child to expose any part of their body)

Victim <12 years old

The offender abused a position of authority, or a position of trust, in committing the offence

<17 years old

<18 years old (if offender is in a position of authority over the victim)

MP: 10 years imprisonment

MP: 12 years imprisonment (aggravated)

63B(3)(a)

Procuring child to commit indecent act etc (communication with intention to procure a child to engage in, or submit to, a sexual activity)

Victim <12 years old

The offender abused a position of authority, or a position of trust, in committing the offence

<17 years old

<18 years old (if offender is in a position of authority over the victim)

MP: 10 years imprisonment

MP: 12 years imprisonment (aggravated)

63B(3)(b)

Procuring child to commit indecent act etc (communication for a prurient purpose with the intention of making a child amendable to a sexual activity)

Victim <12 years old

The offender abused a position of authority, or a position of trust, in committing the offence

<17 years old

<18 years old (if offender is in a position of authority over the victim)

MP: 10 years imprisonment

MP: 12 years imprisonment (aggravated)

66(1)

Sexual servitude and related offences (person who compels another to provide or to continue to provide commercial sexual services)

Victim is <18 years old

MP: 15 years imprisonment

MP: 19 years imprisonment (if victim <18 years)

MP: Life imprisonment (if victim is <14 years old)

66(2)

Sexual servitude and related offences (person who by undue influence gets another to provide or to continue to provide commercial sexual services)

Victim is <18 years old

MP: 7 years imprisonment

MP: 12 years imprisonment (if victim <18 years)

MP: Life imprisonment (if victim is <14 years old)

67

Deceptive recruiting for commercial sexual services

Victim is <18 years old

MP: 7 years imprisonment

MP: 12 years imprisonment (aggravated)

68(1)

Use of children in commercial sexual services (person must not employ, engage, cause or permit a child to provide or continue to provide commercial sexual services)

Victim is <14 years old

<18 years old

MP: 9 years imprisonment

MP: Life imprisonment (aggravated)

68(2)

Use of children in commercial sexual services (person must not ask child to provide commercial sexual services)

Victim is <14 years old

<18 years old

MP: 3 years imprisonment

MP: 9 years imprisonment (aggravated)

68(3)

Use of children in commercial sexual services (proceeds of commercial sexual services)

Victim is <14 years old

<18 years old

MP: 2 years imprisonment

MP: 5 years imprisonment (aggravated)

Summary Offences Act 1953

23(1)

Indecent behaviour

MP: $1,250 or 3 months imprisonment

23(2)

Gross indecency

MP: $2,500 or 6 months imprisonment

26D(3)

Humiliating or degrading filming (person who takes part in humiliating or degrading act being filmed)

MP: 2 years imprisonment

Tasmania

Criminal Code Act 1924

125C(2)

Procuring unlawful sexual intercourse with person under 17 years etc (sexual intercourse)

<17 years old

MP: 21 years imprisonment

125C(3)

Procuring unlawful sexual intercourse with person under 17 years etc (indecent act)

<17 years old

MP: 21 years imprisonment

125D(1)

Communications with intent to procure person under 17 years etc (unlawful sexual act)

<17 years old

MP: 21 years imprisonment

125D(3)

Communications with intent to procure person under 17 years etc (to expose child to indecent material)

<17 years old

MP: 21 years imprisonment

137

Indecency

MP: 21 years imprisonment

186(1)

Forcible abduction (for the purpose of marriage or sexual intercourse)

MP: 21 years imprisonment

186(2)

Abduction (for the purpose of marriage or sexual intercourse)

MP: 21 years imprisonment

Police Offences Act 1935

14A(1)

Peering into dwelling-houses etc

MP: 5 penalty units or 6 months imprisonment

7A(2)

Loitering near children (by a person found guilty of a sexual offence)

MP: 50 penalty units or 2 years imprisonment or both

Victoria

Crimes Act 1958

49A(1)

Facilitating sexual offences against children

<16 years old

MP: 20 years imprisonment

49B(2)

Grooming for sexual contact with child under the age of 16 years

<16 years old

MP: 10 years imprisonment

53(1)

Administration of drugs etc (with the intention rendering a person incapable of resistance and thereby enabling themselves or another person to take part in an act of sexual penetration)

MP: 10 years imprisonment

53(2)

Administration of drugs etc (with the intention rendering a person incapable of resistance and thereby enabling themselves or another person to take part in an indecent act)

MP: 5 years imprisonment

55(a)

Abduction or detention (with the intention of getting married to or taking part in an act of sexual penetration)

MP: 10 years imprisonment

55(b)

Abduction or detention (with the intention that that person should marry or take part in an act of sexual penetration with another person)

MP: 10 years imprisonment

56(1)

Abduction of child under the age of 16 (with the intention that the child should take part in an act of sexual penetration)

<16 years old

MP: 5 years imprisonment

57(1)

Procuring sexual penetration by threats or fraud

MP: 10 years imprisonment

57(2)

Procuring sexual penetration by fraudulent means

MP: 5 years imprisonment

58(1)

Procuring sexual penetration of a child (includes indecent acts)

<16 years old

MP: 10 years imprisonment

58(2)

Procuring sexual penetration of a child (soliciting or procuring another person to take part in an act of sexual penetration or indecent act)

<16 years old

MP: 10 years imprisonment

58(3)

Procuring sexual penetration of a child (child 16–17 years old under the authority of the offender)

16–17 years old

MP: 10 years imprisonment

60AB(2)

Sexual servitude (causing another person to provide or to continue to provide commercial sexual services through fraud, threats etc)

MP: 15 years imprisonment

60AB(3)

Sexual servitude (causing another person to provide or to continue to provide commercial sexual services and is reckless as to whether they will not be free to stop providing those services because of fraud, threats etc)

MP: 15 years imprisonment

60AB(4)

Sexual servitude: business that involves the provision of commercial sexual services

MP: 15 years imprisonment

60AC(2)

Aggravated sexual servitude

<18 years old

MP: 20 years imprisonment

60AD(1)

Deceptive recruiting for commercial sexual services

MP: 5 years imprisonment

60AE(1)

Aggravated deceptive recruiting for commercial sexual services

<18 years old

MP: 10 years imprisonment

60B(2)

Loitering near schools etc (by convicted sexual offender)

MP: 240 penalty units or 2 years imprisonment

MP: 600 penalty units or 5 years imprisonment (if offender had previously been sentenced as a serious sexual offender)

70AC

Sexual performance involving a minor

<18 years old

MP: 10 years imprisonment

Summary Offences Act 1966

17(1)

Obscene, indecent, threatening language and behaviour etc in public

MP: 10 penalty units or 2 months imprisonment (1st offence)

MP: 15 penalty units of 3 months imprisonment (2nd offence)

MP: 25 penalty units or 6 months imprisonment (3rd offence)

19

Obscene exposure

MP: 2 years imprisonment

41A

Observation of genital or anal region

MP: 3 months imprisonment

Classification (Publications, films and computer games) (Enforcement) Act 1995

38

Demonstration of unclassified, RC, R 18+ and MA 15+ computer games (public place)

MP: 20 penalty units (if computer game classified, or subsequently classified, MA 15+)

MP: 40 penalty units (if classified, or subsequently classified R 18+)

MP: 240 penalty units or 2 years imprisonment (if classified, or subsequently classified RC)

39(1)

Private demonstration of RC and R 18+ computer games in presence of a minor

MP: 40 penalty units (if classified, or subsequently classified R 18+)

MP: 240 penalty units or 2 years imprisonment (if classified, or subsequently classified RC)

Western Australia

Criminal Code Act Compilation Act 1913

191(1)

Procuring a person to be a prostitute etc

MP: 2 years imprisonment

192(1)

Procuring person to have unlawful carnal knowledge by threat, fraud or administration of drug

MP: 2 years imprisonment

202(1)

Obscene act in public

MP: 3 years imprisonment

MP: $12,000 fine and 12 months imprisonment (summary conviction penalty)

202(2)

Obscene act in public (business owner permitting)

MP: 3 years imprisonment

MP: $12,000 fine and 12 months imprisonment (summary conviction penalty)

203(1)

Indecent act in public

MP: 2 years imprisonment

MP: $9,000 fine and 9 months imprisonment (summary conviction penalty)

203(2)

Indecent act in public (business owner permitting)

MP: 2 years imprisonment

MP: $9,000 fine and 9 months imprisonment (summary conviction penalty)

204

Indecent act with intent to offend

MP: 3 years imprisonment

MP: $12,000 fine and 12 months imprisonment (summary conviction penalty)

204A

Showing offensive material to child under 16

<16 years old

MP: 5 years imprisonment

204B(2)

Using electronic communication to procure, or expose to indecent matter, child under 16

<16 years old

MP: 5 years imprisonment

204B(3)

Using electronic communication to procure, or expose to indecent matter, child under 13

<13 years old

MP: 10 years imprisonment

320(3)

Child under 13, sexual offences against (procures, incites or encourages child to engage in sexual behaviour)

<13 years old

MP: 20 years imprisonment

320(5)

Child under 13, sexual offences against (procures, incites or encourages child to engage in an indecent act)

<13 years old

MP: 10 years imprisonment

321(3)

Child of or over 13 and under 16, sexual offences against (procures, incites or encourages child to engage in sexual behaviour)

13–15 years old

MP: 7 years imprisonment (where the offender is under the age of 18 years and the child is not under the care, supervision or authority of the offender)

MP: 14 years imprisonment

MP: 20 years imprisonment (where the child is under the care, supervision or authority of the offender)

321(5)

Child of or over 13 and under 16, sexual offences against (procures, incites or encourages child to engage in an indecent act)

13–15 years old

MP: 4 years imprisonment (where the offender is under the age of 18 years and the child is not under the care, supervision or authority of the offender)

MP: 7 years imprisonment

MP: 10 years imprisonment (where the child is under the care, supervision or authority of the offender)

322(3)

Child of or over 16, sexual offences against by person in authority etc (procures, incites or encourages child to engage in sexual behaviour)

16–17 years old

MP: 10 years imprisonment

322(5)

Child of or over 16, sexual offences against by person in authority etc (procures, incites or encourages child to engage in an indecent act)

16–17 years old

MP: 5 years imprisonment

329(5)

Incest (procures, incites etc to do an indecent act)

Victim <16 years old

<18 years old

MP: 5 years imprisonment

MP: 10 years imprisonment (aggravated)

330(3)

Incapable person, sexual offences against (procurement for the purpose of sexual penetration)

Incapable person is under the care, supervision, or authority of the offence

MP: 14 years imprisonment

MP: 20 years imprisonment (aggravated)

330(5)

Incapable person, sexual offences against (procurement for the purpose of indecent dealing)

Incapable person is under the care, supervision, or authority of the offence

MP: 7 years imprisonment

MP: 10 years imprisonment (aggravated)

331B

Sexual servitude

Victim is <18 years old or an incapable person (so mentally impaired as to be incapable of understanding the nature of the act or guarding themselves against sexual exploitation)

MP: 14 years imprisonment

MP: 20 years imprisonment (aggravated)

331C(2)

Conducting business involving sexual servitude

Victim is <18 years old or an incapable person (so mentally impaired as to be incapable of understanding the nature of the act or guarding themselves against sexual exploitation)

MP: 14 years imprisonment

MP: 20 years imprisonment (aggravated)

331D(1)

Deceptive recruiting for commercial sexual service

MP: 7 years imprisonment

331D(2)

Deceptive recruiting for commercial sexual service (child or incapable person)

<18 years old if victim is not an incapable person

MP: 20 years imprisonment

Commonwealth

Criminal Code Act 1995

471.24b

Using a postal or similar service to procure persons under 16

<16 years old

MP: 15 years imprisonment

471.25

Using a postal or similar service to ‘groom’ persons under 16

<16 years old

MP: 12 years imprisonment

471.26

Using a postal or similar service to send indecent material to person under 16

<16 years old

MP: 7 years imprisonment

474.25A(2)

Causing child to engage in sexual activity with another person

<16 years old

MP: 15 years imprisonment

474.25B

Aggravated offence (under s 474.25A(2); child has mental impairment and/or is under care, supervision or authority of defendant)

<16 years old

MP: 25 years imprisonment

474.26(1)

Using a carriage service to procure persons under 16 years of age

<16 years old

MP: 15 years imprisonment

474.26(2)

Using a carriage service to procure person under 16 years of age (to engage in sexual activity with another person)

< 16 years old

MP: 15 years imprisonment

474.26(3)

Using a carriage service to procure persons under 16 years of age (to engage in sexual activity with another person in the presence of i) the sender; or ii) another person)

<16 years old

MP: 15 years imprisonment

474.27(1)

Using a carriage service to ‘groom’ persons under 16 years of age

<16 years old

MP: 12 years imprisonment

474.27(2)

Using a carriage service to ‘groom’ persons under 16 years of age (to engage in sexual activity with another person)

<16 years old

MP: 12 years imprisonment

474.27(3)

Using a carriage service to ‘groom’ persons under 16 years of age (to engage in sexual activity with another person in the presence of i) the sender; or ii) another person)

<16 years old

MP: 15 years imprisonment

474.27A

Using a carriage service to transmit indecent communication to person under 16 years of age

<16 years old

MP: 7 years imprisonment

a: Unless deemed inappropriate by the court or the sentence is suspended in part of whole

b: An attempt to commit an offence under s417.24 and 471.25 is not an offence (s471.28(3) Criminal Code Act 1995)