Crimes Act 1900

A person who commits an act of indecency on, or in the presence of, another person who is under the age of 10 years is guilty of an offence punishable, on conviction, by imprisonment for 12 years.

However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 15 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 commits an act of indecency on, or in the presence of, another person who is under the age of 16 years is guilty of an offence punishable, on conviction, by imprisonment for 10 years.

However, for an aggravated offence against subsection (3), the maximum penalty is imprisonment for 13 years.

It is a defence to a prosecution for an offence against subsection (3) if the defendant establishes that—

he or she believed on reasonable grounds that the person on whom the offence is alleged to have been committed was of or above the age of 16 years; or

at the time of the alleged offence—

the person on whom the offence is alleged to have been committed was of or above the age of 10 years; and

the defendant was not more than 2 years older;