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Section 73A Crimes Act 1900
Sexual Touching Young Person Between 16 and 18 Under Special Care

Section 73A of the Crimes Act 1900 is Sexual Touching Young Person Between 16 and 18 Under Special Care and is extracted below.

For expert advice and outstanding representation from Australia’s Most Awarded Criminal Defence Firm, call Sydney Criminal Lawyers® today on (02) 9261 8881 and let our experienced defence team help you.

The Legislation

Section 73A of the Crimes Act 1900 deals with the offence of ‘Sexual Touching Young Person Between 16 and 18 Under Special Care’ and reads as follows:

73A Sexual Touching Young Person Between 16 and 18 Under Special Care

(1) Any person who intentionally:

(a) sexually touches a young person under the person’s special care, or

(b) incites a young person under the person’s special care to sexually touch the person, or

(c) incites a young person under the person’s special care to sexually touch another person, or

(d) incites another person to sexually touch a young person under the first person’s special care,

is guilty of an offence.

Maximum penalty:

(a) in the case of a young person who is of or above the age of 16 years and under the age of 17 years–imprisonment for 4 years, or

(b) in the case of a young person who is of or above the age of 17 years and under the age of 18 years–imprisonment for 2 years.

(2) A person does not commit an offence under this section if the person and the young person to whom the charge relates were, at the time the offence is alleged to have been committed, married to each other.

(3) For the purposes of this section, a young person ( “the victim” ) is under the special care of another person ( “the offender” ) if, and only if:

(a) the offender is the parent, grandparent, step-parent, guardian or authorised carer of the victim or the de facto partner of a parent, guardian or authorised carer of the victim, or

(b) the offender is a member of the teaching staff of the school at which the victim is a student, or

(c) the offender has an established personal relationship with the victim in connection with the provision of religious, sporting, musical or other instruction to the victim, or

(d) the offender is a custodial officer of an institution of which the victim is an inmate, or

(e) the offender is a health professional and the victim is a patient of the health professional.

Why Sydney Criminal Lawyers®?

Being charged with Sexual Touching Young Person Between 16 and 18 Under Special Care can have a detrimental impact on your life, career and your professional reputation.

But by arming yourself with the best possible defence, you can avoid these potential consequences.

At Sydney Criminal Lawyers®, our lawyers are experts in the field of criminal and traffic law.

Our unparalleled knowledge of the law, coupled with years of experience fighting some of the most difficult criminal cases puts our clients at a leading advantage when it comes to securing a positive outcome in your case.

Our lawyers will carefully examine all the evidence in order to identify any possible weaknesses with the prosecution case.

Where problems are identified, our lawyers can write to police and push to have the charges dropped before your matter reaches a defended hearing.

Alternatively, if you wish to fight the charges in court, our senior lawyers will assist you in identifying and raising any possible defences.

Our experienced advocates will fight hard to win your case by presenting any favourable evidence in a compelling manner in court and casting doubt on the prosecution case.

We offer a FREE first conference with our lawyers to help you understand your options – so give us a call now on (02) 9261 8881 and take the first step in fighting your matter.


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