Loitering by a Convicted Child Sex Offender
Loitering by a Convicted Child Sex Offender is an offence under Section 11G of the Summary Offences Act 1988 which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You are a convicted child sex offender, and
- You loitered, without reasonable excuse, in or near:
A school, or a public place regularly frequented by children where children were present.
A ‘convicted child sex offender’ is a person convicted of:
- Any offence which involves sexual activity, sexual touching or a sexual act against a child, carrying a maximum penalty of at least a year
- Child prostitution
- Child abuse material
- Publishing indecent articles, or
- Any offence, whether in or outside NSW, which includes an attempt, incitement or conspiracy to commit any of the above
A ‘child’ is a person under the age of 16 years.
A ‘conviction’ includes a ‘spent conviction’, which is one that no longer appears on your criminal record.
A ‘public place’ is defined as:
A place or part of a premises that is open to, or used by the public, whether or not for payment, and whether or not only open only to a limited class of persons it includes privately owned places that are open to the public, such as:
- Shopping centres and stores within them
- Restaurants, pubs and clubs
- Sporting venues, and
- Parks
‘Reasonable excuse’ is not defined by the legislation and is a factual matter determined by the court taking into account all relevant circumstances.
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