Section 474.27 Criminal Code Act | Using Carriage Service to Transmit Indecent Communication to Child Under 16


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The Legislation

Section 474.27 of the Criminal Code Act 1995 (Cth) is Using Carriage Service to Transmit Indecent Communication to Child Under 16 and is extracted below.

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474.27A Using a carriage service to transmit indecent communication to person 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 communication includes material that is indecent; 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 7 years.

(2) In a prosecution for an offence against subsection (1), whether material is indecent is a matter for the trier of fact.

(3) In this section:

indecent means indecent according to the standards of ordinary people.