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Procuring child to commit indecent act

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:

  • basic offence: 12 years imprisonment
  • aggravated offence: 15 years imprisonment

[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:

  • basic offence: 12 years imprisonment
  • aggravated offence: 15 years imprisonment

[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:

  • the child was 16 years or older; and
  • the accused person was either under 17 years old or believed on reasonable grounds that the person was of or above 17 years old.

[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:

  • the child was 17 years or older; and
  • the accused person was either under 18 years old or believed on reasonable grounds that the person was of or above 18 years old.

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

Procuring child to commit indecent act  :  Last Revised: Fri May 26th 2023
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.