Section 11G Summary Offences Act – Loitering by Convicted Child Sex Offender

The Legislation

Section 11G of the Summary Offences Act 1998 (NSW) is the criminal offence of Loitering by Convicted Child Sex Offender and is stated below.

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11G Loitering by convicted child sexual offenders near premises frequented by children

(1) A person who is a convicted child sexual offender and who loiters, without reasonable excuse, in or near:
(a) a school, or
(b) a public place regularly frequented by children and in which children are present at the time of the loitering,
is guilty of an offence. Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.

(2) In this section:”child” means a person under the age of 16 years.”convicted child sexual offender” means a person who has been convicted, whether before or after the commencement of this section, of any of the following offences:
(a) an offence involving sexual activity or acts of indecency that was committed in New South Wales against or in respect of a child and that was punishable by penal servitude or imprisonment for 12 months or more,
(b) an offence under sections 91D-91G of the Crimes Act 1900 (other than if committed by a child prostitute),
(c) an offence under section 91H, 578B or 578C (2A) of the Crimes Act 1900,
(c1) an offence an element of which is an intention to commit an offence referred to in paragraph (a), (b) or (c),
(d) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraphs (a)-(c),
(e) an offence under a law of a place outside New South Wales that would, if it had been committed in New South Wales, be an offence referred to in paragraphs (a)-(d).
“conviction” includes a spent conviction.

(3) For the purposes of this section, section 579 of the Crimes Act 1900 does not apply to or in respect of an offence referred to in the definition of “convicted child sexual offender” in subsection (2).