Aggravated Act of Indecency is an offence that applies in New South Wales to conduct which is alleged to have occurred before 1 December 2018.
The offence carries a maximum penalty of 3 years in prison where the complainant was aged 16 years or over at the time of the alleged conduct, or 5 years in prison where the complainant was over the age of 10 but under the age of 16, or 7 years where the complainant was under the age of 10, or 10 years where the complainant was under the age of 16 and the act was being filmed for the purpose of producing child abuse material.
The equivalent offence for conduct after 1 December 2018 is aggravated sexual act.
In order to establish the offence, the prosecution is required to prove beyond reasonable doubt that:
- The defendant committed an act of indecency on or towards the complainant, or incited another person to do so, and
- The act was without the complainant’s consent,
- The defendant knew the complainant was not consenting, or was reckless as to whether or not the complainant was consenting, and
- At least once ‘circumstance of aggravation’ existed.
A defendant is entitled to an acquittal if the prosecution is unable to prove all of these ‘essential elements’.
A number of legal defences may also apply to the charge, including duress, necessity and self-defence.
If you are going to court for Aggravated Act of Indecency, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.
Read on for more information.
Section 610 of the Crimes Act 1900 is the offence of Aggravated Act of Indecency and reads as follows:
61O Aggravated act of indecency
(1) Any person who commits an act of indecency with or towards a person under the age of 16 years, or incites a person under that age to an act of indecency with or towards that or another person, in either case in circumstances of aggravation, is liable to imprisonment for 5 years.
(1A) Any person who commits an act of indecency with or towards a person of the age of 16 years or above, or incites a person of the age of 16 years or above to an act of indecency with or towards that or another person, in either case in circumstances of aggravation, is liable to imprisonment for 3 years.
(2) Any person who commits an act of indecency with or towards a person under the age of 10 years, or incites a person under that age to an act of indecency with or towards that or another person, is liable to imprisonment for 7 years.
(2A) A person:
(a) who commits an act of indecency with or towards a person under the age of 16 years, or incites a person under the age of 16 years to an act of indecency with or towards that person or another person, and
(b) who knows that the act of indecency is being filmed for the purposes of the production of child abuse material,
is guilty of an offence.
Maximum penalty: imprisonment for 10 years.
(3) For the purposes subsections (1) and (1A), circumstances of aggravation means circumstances in which:
(a) the alleged offender is in the company of another person or persons, or
(b) the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or
(c) the alleged victim has a serious physical disability, or
(d) the alleged victim has a cognitive impairment.
(4) For the purposes of subsection (2A):
(a) child abuse material has the meaning given by Division 15A, and
(b) an act of indecency is being filmed if one or more images (whether still or moving) of the act of indecency are being recorded or transmitted for the purpose of enabling those images to be observed by any person (whether during the filming or later).
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We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.
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