It is an offence for a person to encourage or procure a child to commit an indecent act.

It is also an offence to, for the person's own, or another's, sexual gratification, to cause or persuade a child to expose any part of his or her body or to make a photographic, electronic or other record from which the image of a child engaged in a private act may be reproduced. A private act includes any sexual act, nudity or intimate bodily function.

Maximum penalty:

[s 63B(1) of the Criminal Law Consolidation Act 1935 (SA)]

An aggravated offence, for the purpose of the s 63B(1) offence, includes where the offender committed the offence knowing that the victim of the offence was aged under 14 at the time [see s 5AA(1)(e)]. It can also include other general aggravating factors as set out in section 5AA.

It is also an offence to procure a child or to make a communication with the intention of procuring a child to engage in sexual activity, even if the victim is a fictitious person represented as a real person.

Maximum penalty:

[s 63B(3) and (3a) of the Criminal Law Consolidation Act 1935 (SA)]

An aggravated offence, for the purpose of the s 63B(3) offence, includes where the offender committed the offence believing that the victim of the offence was aged under 14 at the time [see s 5AA(1)(e)]. It can also include other general aggravating factors as set out in section 5AA.

It is a defence if the accused person (other than accused people in positions of authority) proves that:

[s 63B(4) of the Criminal Law Consolidation Act 1935 (SA)]

A further defence exists if an accused person (who is in a position of authority providing religious, sporting, musical or other instruction to the child) proves that:

[s 63B(4a) of the Criminal Law Consolidation Act 1935 (SA)]