Section 474.26 Criminal Code Act | Using Carriage Service to Procure Child Under 16


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The Legislation

Section 474.26 of the Criminal Code Act 1995 (Cth) is Using Carriage Service to Procure Child Under 16 and is extracted below.

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474.26 Using a carriage service to procure persons under 16 years of age

(1) A person (the sender) commits an offence if:
(a) the sender uses a carriage service to transmit a communication to another person (the recipient); and
(b) the sender does this with the intention of procuring the recipient to engage in sexual activity with the sender; and
(c) the recipient is someone who is, or who the sender believes to be, under 16 years of age; and
(d) the sender is at least 18 years of age.
Penalty: Imprisonment for 15 years.

(2) A person (the sender) commits an offence if:
(a) the sender uses a carriage service to transmit a communication to another person (the recipient); and
(b) the sender does this with the intention of procuring the recipient to engage in sexual activity with another person (the participant); and
(c) the recipient is someone who is, or who the sender believes to be, under 16 years of age; and
(d) the participant is someone who is, or who the sender believes to be, at least 18 years of age.
Penalty: Imprisonment for 15 years.

(3) A person (the sender) commits an offence if:
(a) the sender uses a carriage service to transmit a communication to another person (the recipient); and
(b) the sender does this with the intention of procuring the recipient to engage in sexual activity with another person; and
(c) the recipient is someone who is, or who the sender believes to be, under 16 years of age; and
(d) the other person referred to in paragraph (b) is someone who is, or who the sender believes to be, under 18 years of age; and
(e) the sender intends that the sexual activity referred to in paragraph (b) will take place in the presence of:
(i) the sender; or
(ii) another person (the participant) who is, or who the sender believes to be, at least 18 years of age.
Penalty: Imprisonment for 15 years.