Criminal Code 2002

If a person urges the commission of an offence (the offence incited), the person commits the offence of incitement.

Maximum penalty:

if the offence incited is punishable by life imprisonment—imprisonment for 10 years, 1 000 penalty units or both; or

if the offence incited is punishable by imprisonment for 14 years or more (but not life imprisonment)—imprisonment for 7 years, 700 penalty units or both; or

if the offence incited is punishable by imprisonment for 10 years or more (but less than 14 years)—imprisonment for 5 years, 500 penalty units or both; or

if the offence incited is punishable by imprisonment for less than 10 years, either or both of the following:

the lesser of the maximum term of imprisonment for the offence incited and imprisonment for 3 years;

300 penalty units; or

if the offence incited is not punishable by imprisonment—the number of penalty units equal to the maximum number of penalty units applying to the offence incited.

A person also commits the offence of incitement if the person urges another person to aid, abet, counsel, procure, be knowingly concerned in or a party to, the commission of an offence (the offence incited) by someone else.

However, the person commits the offence of incitement only if the person intends that the offence incited be committed.

Despite subsection (3), any special liability provisions that apply to an offence apply also to the offence of incitement to commit the offence.

A person may be found guilty of the offence of incitement—

even if it was impossible to commit the offence incited; and

whether or not the offence incited was committed; and

even if the person incited was under the age of criminal responsibility for the offence incited.

Any defence, procedure, limitation or qualifying provision applying to an offence applies to the offence of incitement in relation to the offence.

This section does not apply to an offence against section 44 (Attempt), section 48 (Conspiracy) or this section.

In this section:

under the age of criminal responsibility—a person is under the age of criminal responsibility for an offence if the person is not criminally responsible under section 25 for the offence.