Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 272 - Child sex offences outside Australia  

Subdivision B - Sexual offences against children outside Australia  

SECTION 272.8   Sexual intercourse with child outside Australia  

Engaging in sexual intercourse with child

(1)    
A person commits an offence if:

(a) the person engages in sexual intercourse with another person (the child ); and

(b) the child is under 16; and

(c) the sexual intercourse is engaged in outside Australia.

Penalty: Imprisonment for 25 years.

Causing child to engage in sexual intercourse in presence of defendant

(2)    
A person commits an offence if:

(a) the person engages in conduct in relation to another person (the child ); and

(b) that conduct causes the child to engage in sexual intercourse in the presence of the person; and

(c) the child is under 16 when the sexual intercourse is engaged in; and

(d) the sexual intercourse is engaged in outside Australia.

Penalty: Imprisonment for 25 years.

(3)    
The fault element for paragraph (2)(b) is intention.

(4)    
Absolute liability applies to paragraphs (1)(b) and (c) and (2)(c) and (d).

Note 1:

For absolute liability, see section 6.2 .

Note 2:

For a defence based on belief about age, see section 272.16 .