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 272.15A   " Grooming " person to make it easier to engage in sexual activity with a child outside Australia  

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

(a) the defendant engages in conduct in relation to another person (the third party ); and

(b) the defendant does so with the intention of making it easier to procure a person (the child ) to engage in sexual activity (whether or not with the defendant) outside Australia; and

(c) the child is someone:

(i) who is under 16; or

(ii) who the defendant believes to be under 16; and

(d) one or more of the following apply:

(i) the conduct referred to in paragraph (a) occurs wholly or partly outside Australia;

(ii) the third party or the child (or both) is outside Australia when the conduct referred to in paragraph (a) occurs;

(iii) the conduct referred to in paragraph (a) occurs wholly in Australia and both the third party and the child are in Australia when that conduct occurs.

Penalty: Imprisonment for 15 years.

(2)    
Absolute liability applies to subparagraph (1)(c)(i) and paragraph (1)(d).

Note 1:

For absolute liability, see section 6.2 .

Note 2:

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

(3)    
A person may be found guilty of an offence against subsection (1) even if it is impossible for the sexual activity referred to in that subsection to take place.

(4)    
For the purposes of subsection (1), it does not matter that the third party or the child is a fictitious person represented to the person as a real person.