Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (70 of 2020)

Schedule 4   Strengthening child sex offences

Part 1   Main amendments

Criminal Code Act 1995

30   After section 474.27 of the Criminal Code

Insert:

474.27AA Using a carriage service to "groom" another person to make it easier to procure persons under 16 years of age

(1) A person (the sender ) commits an offence if:

(a) the sender uses a carriage service to transmit a communication to another person (the recipient ); and

(b) the sender does this with the intention of making it easier to procure a person (the child ) to engage in sexual activity with the sender; and

(c) the child is someone who is, or who the sender believes to be, under 16 years of age; and

(d) the sender is at least 18 years of age.

Penalty: Imprisonment for 15 years.

(2) A person (the sender ) commits an offence if:

(a) the sender uses a carriage service to transmit a communication to another person (the recipient ); and

(b) the sender does this with the intention of making it easier to procure a person (the child ) to engage in sexual activity with another person (the participant ); and

(c) the child is someone who is, or who the sender believes to be, under 16 years of age; and

(d) the participant is someone who is, or who the sender believes to be, at least 18 years of age.

Penalty: Imprisonment for 15 years.

(3) A person (the sender ) commits an offence if:

(a) the sender uses a carriage service to transmit a communication to another person (the recipient ); and

(b) the sender does this with the intention of making it easier to procure a person (the child ) to engage in sexual activity with another person; and

(c) the child is someone who is, or who the sender believes to be, under 16 years of age; and

(d) the other person referred to in paragraph (b) is someone who is, or who the sender believes to be, under 18 years of age; and

(e) the sender intends that the sexual activity referred to in paragraph (b) will take place in the presence of:

(i) the sender; or

(ii) another person (the participant ) who is, or who the sender believes to be, at least 18 years of age.

Penalty: Imprisonment for 15 years.