Section 272.8 Criminal Code Act | Sexual Intercourse with Child Outside Australia


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The Legislation

Section 272.8 of the Criminal Code Act 1995 (Cth) is Sexual Intercourse with Child Outside Australia and is extracted below.

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272.8 Sexual intercourse with child outside Australia

Engaging in sexual intercourse with child

(1) A person commits an offence if:

(a) the person engages in sexual intercourse with another person (the child); and

(b) the child is under 16; and

(c) the sexual intercourse is engaged in outside Australia.

Penalty: Imprisonment for 20 years.

Causing child 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 child); and

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

(c) the child is under 16 when the sexual intercourse is engaged in; and

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

Penalty: Imprisonment for 20 years.

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

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

Note 1: For absolute liability, see section 6.2.

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