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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:

  1. You are a convicted child sex offender, and
  2. 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:

  1. Any offence which involves sexual activity, sexual touching or a sexual act against a child, carrying a maximum penalty of at least a year
  2. Child prostitution
  3. Child abuse material
  4. Publishing indecent articles, or
  5. 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:

  1. Shopping centres and stores within them
  2. Restaurants, pubs and clubs
  3. Sporting venues, and
  4. 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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