Section 474.25A Criminal Code Act | Use Carriage Service for Sexual Activity Child Under 16


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The Legislation

Section 474.25A of the Criminal Code Act 1995 (Cth) is Use Carriage Service for Sexual Activity Child Under 16 and is extracted below.

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474.25A Using a carriage service for sexual activity with person under 16 years of age

Engaging in sexual activity with child using a carriage service

(1) A person commits an offence if:

(a) the person engages in sexual activity with another person (the child) using a carriage service; and

(b) the child is under 16 years of age; and

(c) the person is at least 18 years of age.

Penalty: Imprisonment for 15 years.

Causing child to engage in sexual activity with another person

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

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

(b) that conduct causes the child to engage in sexual activity with another person (the participant) using a carriage service; and

(c) the child is under 16 years of age when the sexual activity is engaged in; and

(d) the participant is at least 18 years of age when the sexual activity is engaged in.

Penalty: Imprisonment for 15 years.

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

Defence—child present but defendant does not intend to derive gratification

(4) 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 child being in the presence of a person 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 child 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 other defences relating to this offence, see section 474.29.