Incitement to Commit a Sexual Offence is a crime under section 80G of the Crimes Act 1900, which carries the same maximum penalty as the offence incited.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You incited the commission of a sexual offence, and
- You intended the incited offence to be carried out
Offences covered by the section include:
- Sexual Assault
- Aggravated Sexual Assault
- Aggravated Sexual Assault in Company
- Assault with Intent to Have Sexual Intercourse
- Sexual Intercourse with a Child
- Sexual Servitude, and
- Possessing, Disseminating or Producing Child Abuse Material
Offences not covered by the section include:
- Sexual Touching
- Aggravated Sexual Touching
- Sexual Act, and
- Aggravated Sexual Act
You can be found guilty even if the incited offence was impossible to commit.
All defences relating to the incited offence itself are available, including:
- Necessity, and
If you are going to court for Incitement to Commit Sexual Offence, 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 80G of the Crimes Act 1900 deals with the offence of ‘Incitement to Commit Sexual Offence’ and reads as follows:
80G Incitement to commit sexual offence
(1) A person who incites the commission of an offence under Division 10, 10A or 15A is guilty of an offence and is liable to the penalty provided for the commission of the offence.
(2) For the person to be guilty, the person must intend that the offence incited be committed.
(3) A person may be found guilty even if committing the offence incited is impossible.
(4) Any defences, procedures, limitations or qualifying provisions that apply to the offence incited also apply to an offence under this section.
(5) It is not an offence to incite the commission of the following offences:
(a) an offence against section 61N or 61O that is constituted by inciting another person to an act of indecency,
(b) an offence against section 61P, 66B, 66D, 66EB, 66F (4), 73 (4), 78B or 80.
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