Section 80G Crimes Act | Incitement to Commit Sexual Offence


Section 80G of the Crimes Act is the offence of Incitement to Commit Sexual Offence and is extracted below.

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The Legislation

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.