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Procuring a Child for Unlawful Sexual Activity

Procuring a child for unlawful sexual activity is an offence under section 66EB(2) of the Crimes Act 1900 which carries a maximum penalty of 12 years in prison or 15 years if the child was under the age of 14 years.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You were at least 18 years of age
  2. You procured a child for unlawful sexual activity, and
  3. You did so intentionally

‘Procure’ means to encourage, entice, recruit or induce, whether by threats, promises or otherwise.

A ‘child’ is someone under the age of 16 years.

‘Unlawful sexual activity’ covers a broad range of conduct, including:

  1. Sexual act
  2. Sexual touching
  3. Sexual intercourse
  4. Producing child abuse material
  5. Forced self-manipulation, and
  6. Child prostitution

The prosecution does not need to specify the type of procured activity.

The charge extends to procuring adults who pretend to be children, provided the prosecution proves you believed the adult was a child.

A defence to the charge is that you reasonably believed the other person was not a child.

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