Act of indecency without consent
60 Act of indecency without consent
A person who commits an act of indecency on, or in the presence of, another person without the consent of that person and who is reckless as to whether that other person consents to the committing of the act of indecency is guilty of an offence punishable, on conviction, by imprisonment for 7 years.
However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 9 years.
Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
A person who, acting in company with any other person, commits an act of indecency on, or in the presence of, another person without the consent of that other person and who is reckless as to whether that other person consents to the committing of the act of indecency is guilty of an offence punishable, on conviction, by imprisonment for 9 years.
However, for an aggravated offence against subsection (3), the maximum penalty is imprisonment for 11 years.
For this section, proof of knowledge or recklessness is sufficient to establish the element of recklessness.
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