Section 272.13 Criminal Code Act | Sexual Activity Child Outside Australia Position of Authority


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The Legislation

Section 272.13 of the Criminal Code Act 1995 (Cth) is Sexual Activity Child Outside Australia Position of Authority and is extracted below.

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272.13 Sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority

Engaging in sexual activity with young person

(1) A person commits an offence if:

(a) the person engages in sexual activity (other than sexual intercourse) with another person (the young person); and

(b) the young person is at least 16 but under 18; and

(c) the person is in a position of trust or authority in relation to the young person; and

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

Penalty: Imprisonment for 7 years.

Causing young person to engage in sexual activity in presence of defendant

(2) A person commits an offence if:

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

(b) that conduct causes the young person to engage in sexual activity (other than sexual intercourse) in the presence of the person; and

(c) the young person is at least 16 but under 18 when the sexual activity is engaged in; and

(d) the person is in a position of trust or authority in relation to the young person; and

(e) the sexual activity is engaged in outside Australia.

Penalty: Imprisonment for 7 years.

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

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

Note 1: For absolute liability, see section 6.2.

Note 2: For a defence based on belief about age, see section 272.16.

(5) Strict liability applies to paragraphs (1)(c) and (2)(d).

Note: For strict liability, see section 6.1.

Defence—young person present but defendant does not intend to derive gratification

(6) It is a defence to a prosecution for an offence against subsection (1) or (2) if:

(a) the conduct constituting the offence consists only of the young person being in the presence of the defendant while sexual activity is engaged in; and

(b) the defendant proves that he or she did not intend to derive gratification from the presence of the young person during that activity.

Note 1: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

Note 2: For a defence based on belief about age, see section 272.16.