Sexual intercourse with child outside Australia
272.8 Sexual intercourse with child outside Australia
Engaging in sexual intercourse with child
A person commits an offence if:
the person engages in sexual intercourse with another person (the child); and
the child is under 16; and
the sexual intercourse is engaged in outside Australia.
Penalty: Imprisonment for 25 years.
Causing child to engage in sexual intercourse in presence of defendant
A person commits an offence if:
the person engages in conduct in relation to another person (the child); and
that conduct causes the child to engage in sexual intercourse in the presence of the person; and
the child is under 16 when the sexual intercourse is engaged in; and
the sexual intercourse is engaged in outside Australia.
Penalty: Imprisonment for 25 years.
The fault element for paragraph (2)(b) is intention.
Absolute liability applies to paragraphs (1)(b) and (c) and (2)(c) and (d).
For absolute liability, see section 6.2.
For a defence based on belief about age, see section 272.16.
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