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Incitement to Commit a Sexual Offence

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:

  1. You incited the commission of a sexual offence, and
  2. You intended the incited offence to be carried out

Offences covered by the section include:

  1. Sexual Assault
  2. Aggravated Sexual Assault
  3. Aggravated Sexual Assault in Company
  4. Assault with Intent to Have Sexual Intercourse
  5. Sexual Intercourse with a Child
  6. Sexual Servitude, and
  7. Possessing, Disseminating or Producing Child Abuse Material

Offences not covered by the section include:

  1. Sexual Touching
  2. Aggravated Sexual Touching
  3. Sexual Act, and
  4. 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:

  1. Duress
  2. Necessity, and
  3. Self-defence

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