Section 272.12 Criminal Code Act | Sexual Intercourse Child Outside Australia Position of Authority


Print
The Legislation

Section 272.12 of the Criminal Code Act 1995 (Cth) is Sexual Intercourse Child Outside Australia Position of Authority and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Sexual Intercourse Child Outside Australia Position of Authority matter, call Sydney Criminal Lawyers today on (02) 9261 8881.

272.12 Sexual intercourse with young person outside Australia—defendant in position of trust or authority

Engaging in sexual intercourse with young person

(1) A person commits an offence if:

(a) the person engages in 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 intercourse is engaged in outside Australia.

Penalty: Imprisonment for 10 years.

Causing young person 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 young person); and

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

(c) the young person is at least 16 but under 18 when the sexual intercourse 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 intercourse is engaged in outside Australia.

Penalty: Imprisonment for 10 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.