Criminal Code Act 1995
Section 3
CHAPTER 10 - NATIONAL INFRASTRUCTURE
Part 10.6 - Telecommunications Services
View history note
Hide history noteDivision 474 - Telecommunications offences
Subdivision F - Offences relating to use of carriage service involving sexual activity with, or causing harm to, person under 16
SECTION 474.26 Using a carriage service 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 procuring the recipient to engage in sexual activity with the sender; and
(c)
the recipient 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 procuring the recipient to engage in sexual activity with another person (the
participant
); and
(c)
the recipient 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 procuring the recipient to engage in sexual activity with another person; and
(c)
the recipient 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.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.