Criminal Code Act 1899

Chapter 21Offences relating to religious worship206 Assaults of ministers of religion

A person who unlawfully assaults a minister of religion and hinders or prevents the minister from—

lawfully officiating at a meeting of persons lawfully assembled for religious worship; or

lawfully officiating at a religious ceremony; orExamples of a religious ceremony—wedding, funeral or other religious rite in relation to the burial of a deceased person

lawfully performing another religious function of the minister’s office;Examples of a religious function of a minister’s office—pastoral care, religious education, spiritual counselling commits a misdemeanour.Maximum penalty—5 years imprisonment.

Note—See also part 5, chapter 26.

In this section—religious function, of the office of a minister of religion, does not include an administrative, financial or managerial function of the office.sch 1 pt 4 ch 21 s 206 amd 1988 No. 88 s 5 sch 2sub 2026 No. 4 s 8206A Intimidating or obstructing persons entering or leaving places of religious worship

A person in, or in the vicinity of, a place of religious worship who, without reasonable excuse, intimidates or obstructs a person—

entering, or attempting to enter, the place to attend a meeting of persons lawfully assembled for religious worship; or

leaving, or attempting to leave, the place after attending all or part of a meeting of persons lawfully assembled for religious worship;

commits an offence.Maximum penalty—3 years imprisonment.

A reference in subsection (1)(a) to entering, or attempting to enter, a place of religious worship to attend a meeting of persons includes a reference to entering, or attempting to enter, the place before the meeting starts or before any other persons have assembled.

In this section—intimidate includes harass.obstruct includes hinder, prevent and attempt to obstruct.sch 1 pt 4 ch 21 s 206A ins 2026 No. 4 s 8207Disturbing religious worship

A person who, without reasonable excuse, wilfully disturbs a meeting of persons lawfully assembled for religious worship commits an offence.Maximum penalty—20 penalty units or 6 months imprisonment.

If the offender commits the offence with the circumstance of aggravation stated in section 52B, the offender is liable to imprisonment for 1 year.sch 1 pt 4 ch 21 s 207 amd 2023 No. 26 s 15; 2026 No. 4 s 9 Chapter 22Offences against morality207ADefinitions for this chapterIn this chapter—anonymising service means a device or other thing, or a physical, digital or other measure, used to hide—

the identity or location of a person who administers, accesses or uses a network, computer or other device; or

information stored on a network, computer or other device; or

communication, including the exchange of information, between 2 or more persons using a network, computer or other device; or

the location of a network, computer or other device.

Examples of physical, digital or other measures—software, password or other authorisation, encryption, routing systems, communications portssch 1 pt 4 ch 22 s 207A def anonymising service ins 2016 No. 62 s 76child abuse object means a doll, robot or other object if—

a reasonable adult would consider—

the doll, robot or other object is a representation or portrayal of a person, or part of a person, who is a child under 16 years; or

the predominant impression conveyed by the doll, robot or other object is that it is a representation or portrayal of a person, or part of a person, who is a child under 16 years, irrespective of whether it has adult characteristics; and

the doll, robot or other object has been used, or a reasonable adult would consider it is intended for use, in an indecent or sexual context including, for example, engaging in a sexual activity.

sch 1 pt 4 ch 22 s 207A def child abuse object ins 2020 No. 32 s 11child exploitation material means material that, in a way likely to cause offence to a reasonable adult, describes or depicts a person, or a representation of a person, who is, or apparently is, a child under 16 years—

in a sexual context, including for example, engaging in a sexual activity; or

in an offensive or demeaning context; or

being subjected to abuse, cruelty or torture.

sch 1 pt 4 ch 22 s 207A def child exploitation material amd 2013 No. 14 s 13child sexual offence means an offence of a sexual nature committed in relation to a child, including, for example, an offence against a provision of this chapter or chapter 32.sch 1 pt 4 ch 22 s 207A def child sexual offence ins 2020 No. 32 s 23classification officer...sch 1 pt 4 ch 22 s 207A def classification officer om 2017 No. 17 s 112 (1)classified—

for a computer game—see the Classification of Computer Games and Images Act 1995; or

for a film—see the Classification of Films Act 1991; or

for a publication—see the Classification of Publications Act 1991.

commercial sexual service means a service—

provided by a person, involving—

a sexual act as described in section 218(2) and (3) engaged in by the person; or

the use or display of the person’s body for the sexual arousal or gratification of another person; and

that is—

provided for payment or reward, whether the payment or reward accrues or is given to the person providing the service or someone else; and

provided under an arrangement of a commercial character.

sch 1 pt 4 ch 22 s 207A def commercial sexual service ins 2024 No. 23 s 12Commonwealth Classification Act means the Classification (Publications, Films and Computer Games) Act 1995 (Cwlth).sch 1 pt 4 ch 22 s 207A def Commonwealth Classification Act ins 2017 No. 17 s 112 (2)computer game see the Classification of Computer Games and Images Act 1995.distribute includes—

communicate, exhibit, send, supply or transmit to someone, whether to a particular person or not; and

make available for access by someone, whether by a particular person or not; and

enter into an agreement or arrangement to do something in paragraph (a) or (b); and

attempt to distribute.

sch 1 pt 4 ch 22 s 207A def distribute ins 2016 No. 62 s 76film see the Classification of Films Act 1991.hidden network means a network of computers or other devices (whether or not part of the internet) that has, or uses, digital, physical or other measures to do, or that are designed to do, any of the following—

restrict access to the network;

make the network undiscoverable when searched for in a way that is generally used to search for networks, including, for example, by using an internet search engine;

hide the identity or location of persons who administer, access or use the network;

hide information stored on the network;

hide communication, including the exchange of information, between—

the network and a person who administers, accesses or uses the network; or

2 or more persons who administer, access or use the network;

hide the location of the network.

Examples of physical, digital or other measures—software, password or other authorisation, encryption, routing systems, communications portssch 1 pt 4 ch 22 s 207A def hidden network ins 2016 No. 62 s 76information includes a photograph, picture, videotape, digital image and any other visual representation.sch 1 pt 4 ch 22 s 207A def information ins 2016 No. 62 s 76intimate image, of a person—

means a moving or still image that depicts—

the person engaged in an intimate sexual activity that is not ordinarily done in public; or

the person’s genital or anal region, when it is bare or covered only by underwear; or

if the person is female or a transgender or intersex person who identifies as female—the person’s bare breasts; and

includes an image that has been altered to appear to show any of the things mentioned in paragraph (a)(i) to (iii); and

includes an image depicting a thing mentioned in paragraph (a)(i) to (iii), even if the thing has been digitally obscured, if the person is depicted in a sexual way.

sch 1 pt 4 ch 22 s 207A def intimate image ins 2019 No. 1 s 4 (1)law enforcement agency...sch 1 pt 4 ch 22 s 207A def law enforcement agency ins 2005 No. 70 s 54om 2009 No. 53 s 149law enforcement officer...sch 1 pt 4 ch 22 s 207A def law enforcement officer ins 2005 No. 70 s 54om 2009 No. 53 s 149material includes anything that contains data from which text, images or sound can be generated.network, of computers or other devices, includes part of a network of computers or other devices.sch 1 pt 4 ch 22 s 207A def network ins 2016 No. 62 s 76observe means observe by any means.sch 1 pt 4 ch 22 s 207A def observe ins 2005 No. 70 s 54private act, for a person, means—

showering or bathing; or

using a toilet; or

another activity when the person is in a state of undress; or

intimate sexual activity that is not ordinarily done in public.

sch 1 pt 4 ch 22 s 207A def private act ins 2005 No. 70 s 54private place means a place where a person might reasonably be expected to be engaging in a private act.sch 1 pt 4 ch 22 s 207A def private place ins 2005 No. 70 s 54prohibited visual recording, of a person, means—

a visual recording of the person, in a private place or engaging in a private act, made in circumstances where a reasonable adult would expect to be afforded privacy; or

a visual recording of the person’s genital or anal region, when it is bare or covered only by underwear, made in circumstances where a reasonable adult would expect to be afforded privacy in relation to that region.

sch 1 pt 4 ch 22 s 207A def prohibited visual recording ins 2019 No. 1 s 4 (1)publication see the Classification of Publications Act 1991.religious confession means a confession made by a person to a member of the clergy in the member’s professional capacity according to the ritual of the member’s church or religious denomination.sch 1 pt 4 ch 22 s 207A def religious confession ins 2020 No. 32 s 23someone, in the context of a description or depiction, includes the body parts of someone, including for example, someone’s breast or genitalia.state of undress, for a person, means—

the person is naked or the person’s genital or anal region is bare or, if the person is female or a transgender or intersex person who identifies as female, the person’s breasts are bare; or

the person is wearing only underwear; or

the person is wearing only some outer garments so that some of the person’s underwear is not covered by an outer garment.

sch 1 pt 4 ch 22 s 207A def state of undress ins 2005 No. 70 s 54amd 2019 No. 1 s 4 (2)visually record, a person, means record, or transmit, by any means, moving or still images of the person or part of the person.sch 1 pt 4 ch 22 s 207A def visually record ins 2005 No. 70 s 54sch 1 pt 4 ch 22 s 207A ins 2005 No. 9 s 5208sch 1 pt 4 ch 22 s 208 amd 1988 No. 88 s 5 sch 2; 1989 No. 17 s 10sub 1990 No. 93 s 5; 1997 No. 3 s 21amd 1997 No. 82 s 3 sch; 2008 No. 55 s 38; 2013 No. 14 s 14om 2016 No. 50 s 4209sch 1 pt 4 ch 22 s 209 amd 1988 No. 88 s 5 sch 2; 1989 No. 17 s 11sub 1990 No. 93 s 6amd 1997 No. 3 s 22om 2008 No. 55 s 39210Indecent treatment of children under 16

Any person who—

unlawfully and indecently deals with a child under the age of 16 years; or

unlawfully procures a child under the age of 16 years to commit an indecent act; or

unlawfully permits himself or herself to be indecently dealt with by a child under the age of 16 years; or

wilfully and unlawfully exposes a child under the age of 16 years to an indecent act by the offender or any other person; or

without legitimate reason, wilfully exposes a child under the age of 16 years to any indecent object or any indecent film, videotape, audiotape, picture, photograph or printed or written matter; or

without legitimate reason, takes any indecent photograph or records, by means of any device, any indecent visual image of a child under the age of 16 years;

is guilty of an indictable offence.

If the child is of or above the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for 14 years.

If the child is under the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for 20 years.

If the child is, to the knowledge of the offender, his or her lineal descendant or if the offender is the guardian of the child or, for the time being, has the child under his or her care, the offender is guilty of a crime, and is liable to imprisonment for 20 years.

If the child is a person with an impairment of the mind, the offender is guilty of a crime, and is liable to imprisonment for 20 years.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

If the offence is alleged to have been committed in respect of a child of or above the age of 12 years, it is a defence to prove that the accused person believed, on reasonable grounds, that the child was of or above the age of 16 years.

If the offence is alleged to have been committed with the circumstance of aggravation mentioned in subsection (4A), it is a defence to the circumstance of aggravation to prove that the accused person believed on reasonable grounds that the child was not a person with an impairment of the mind.

In this section—deals with includes doing any act which, if done without consent, would constitute an assault as defined in this Code.sch 1 pt 4 ch 22 s 210 amd 1975 No. 27 s 6; 1988 No. 88 s 5 sch 2sub 1989 No. 17 s 12amd 1997 No. 3 s 23; 2003 No. 3 s 15; 2005 No. 70 s 166 sch; 2013 No. 14 s 15; 2016 No. 62 s 77210A Sexual acts with a child aged 16 or 17 under one’s care, supervision or authority

An adult who has a child of or above the age of 16 under their care, supervision or authority and—

engages in penile intercourse with the child; or

penetrates the vulva, vagina or anus of the child to any extent with a thing or a part of the person’s body that is not a penis; or

penetrates the mouth of the child to any extent with the person’s penis;

commits a crime and is liable to imprisonment for 14 years.

An adult who has a child of or above the age of 16 under their care, supervision or authority and—

indecently deals with the child; or

procures the child to commit an indecent act; or

permits themself to be indecently dealt with by the child; or

wilfully exposes the child to an indecent act by the adult or any other person; or

without legitimate reason, wilfully exposes the child to any indecent object or any indecent film, videotape, audiotape, picture, photograph or printed or written matter; or

without legitimate reason, takes any indecent photograph or, by means of any device, records any indecent visual image of the child;

commits a crime and is liable to imprisonment for 10 years.Examples of persons who might have a child under their care, supervision, or authority—

1 an employer, or other person with the authority to determine significant aspects of the child’s employment (whether the work is paid, unpaid, or voluntary)

2 a tutor, sports coach or music teacher

3 a religious or spiritual leader

4 a police officer who has dealt with a child in the exercise or performance of their duties or functions

Without limiting subsection (1) or (2), the following are taken to have a child under their care, supervision, or authority—

the child’s parent, grandparent, step-parent, or guardian;

the spouse of the child’s parent, grandparent, or guardian;

an approved carer of the child or the spouse of an approved carer of the child;

a teacher, principal or deputy principal at a school at which the child is a student;

a health practitioner if the child is their patient;

a person employed or providing services at a place where the child is in custody;

a person associated with a residential care service that provides accommodation where the child resides.

The following are defences to a charge of an offence against this section—

that the accused person believed, on reasonable grounds, that the child was at least 18 years;

that all of the following apply—

the accused is a person other than a person referred to in subsection (3);

the accused person is less than 3 years older than the child;

the act or omission that constitutes the offence did not, in the circumstances, constitute sexual exploitation of the child;

that the accused person and the child are lawfully married.

To remove any doubt, it is declared that it is not necessary for the prosecution to prove—

abuse of a position of authority; or

exercise of a position of authority; or

the acts constituting the offence were done without consent.

The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

In this section—approved carer means an approved foster carer, approved kinship carer, or provisionally approved carer for the purpose of the Child Protection Act 1999.associated, in relation to a residential care service, means—

owns, or is involved in the management or control of, the service; or

is employed or engaged by the service; or

works as a volunteer for the service.

chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.health practitioner means a person registered under the Health Practitioner Regulation National Law to practise in a health profession, other than as a student.penetration, for subsection (1)(b), does not include penetration carried out for a proper medical, hygienic or law enforcement purpose.residential care service means a service whose main purpose is to provide accommodation to children who are in the custody, or under the guardianship, of the chief executive (child safety) under the Child Protection Act 1999.sch 1 pt 4 ch 22 s 210A ins 2024 No. 48 s 8211Bestiality

Any person who engages in penile intercourse with an animal is guilty of a crime and is liable to imprisonment for 7 years.

For subsection (1), the definitions penile intercourse and engages in penile intercourse with another person in section 6 apply as if a reference in that section to another person were a reference to the animal mentioned in subsection (1).sch 1 pt 4 ch 22 s 211 amd 1943 7 Geo 6 No. 14 s 3; 1988 No. 88 s 5 sch 2sub 1990 No. 93 s 7amd 1997 No. 3 s 24; 2023 No. 1 s 10212sch 1 pt 4 ch 22 s 212 amd 1943 7 Geo 6 No. 14 s 4; 1945 9 Geo 6 No. 11 s 4; 1977 No. 47 s 3 (7) sch 1 pt Gsub 1986 No. 1 s 12; 1988 No. 88 s 5 sch 2om 1989 No. 17 s 13213Owner etc. permitting abuse of children on premises

Any person who, being the owner or occupier of any premises, or having, or acting or assisting in, the management or control of any premises, induces or knowingly permits any child under the age of 16 years to be in or upon the premises for the purpose of any person, whether a particular person or not, doing an act in relation to the child (a proscribed act) defined to constitute an offence in section 210 or 215 is guilty of an indictable offence.

If the child is of or above the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for 10 years.

If the child is under the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment—

for life, where the proscribed act is one defined to constitute an offence in section 215; or

for 14 years in any other case.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

If the proscribed act is one defined to constitute an offence in section 210 or 215 and the child is of or above 12 years, it is a defence to prove that the accused person believed, on reasonable grounds, that the child was of or above 16 years.sch 1 pt 4 ch 22 s 213 amd 1913 4 Geo 5 No. 25 s 2(i); 1976 No. 25 s 19 sch; 1977 No. 47 s 3 (7) sch 1 pt G; 1986 No. 1 s 13; 1988 No. 88 s 5 sch 2sub 1989 No. 17 s 13amd 1990 No. 93 s 8; 1997 No. 3 s 25; 2010 No. 2 s 89 sch 1; 2016 No. 50 s 5; 2016 No. 62 s 78214sch 1 pt 4 ch 22 s 214 amd 1977 No. 47 s 3 (7) sch 1 pt G; 1986 No. 1 s 14; 1988 No. 5 sch 2om 1989 No. 17 s 14215Engaging in penile intercourse with child under 16

Any person who engages or attempts to engage in unlawful penile intercourse with a child under the age of 16 years is guilty of an indictable offence.

If the child is of or above the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for 14 years.

If the child is under the age of 12 years, the offender is guilty of a crime, and is liable to imprisonment for life or, in the case of an attempt to engage in unlawful penile intercourse, to imprisonment for 14 years.

If the child is not the lineal descendant of the offender but the offender is the child’s guardian or, for the time being, has the child under the offender’s care, the offender is guilty of a crime, and is liable to imprisonment for life or, in the case of an attempt to engage in unlawful penile intercourse, to imprisonment for 14 years.

If the child is a person with an impairment of the mind, the offender is guilty of a crime, and is liable to imprisonment for life.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

If the offence is alleged to have been committed in respect of a child of or above the age of 12 years, it is a defence to prove that the accused person believed, on reasonable grounds, that the child was of or above the age of 16 years.

If the offence is alleged to have been committed with the circumstance of aggravation mentioned in subsection (4A), it is a defence to the circumstance of aggravation to prove that the accused person believed on reasonable grounds that the child was not a person with an impairment of the mind.

Note—See section 745 in relation to the application of this section as in force from time to time before the commencement of the Criminal Code, Evidence Act and Other Acts Amendment Act 1989, section 14.sch 1 pt 4 ch 22 s 215 amd 1913 4 Geo 5 No. 25 s 2(ii); 1945 9 Geo 6 No. 11 s 5; 1976 No. 25 s 19 sch; 1977 No. 47 s 3 (7) sch 1 pt G; 1988 No. 88 s 5 sch 2sub 1989 No. 17 s 14amd 1997 No. 3 s 26; 2000 No. 43 s 17; 2013 No. 14 s 16; 2016 No. 50 s 6; 2016 No. 62 s 79; 2020 No. 32 s 12; 2023 No. 1 s 11216Abuse of persons with an impairment of the mind

Any person who engages or attempts to engage in unlawful penile intercourse with a person with an impairment of the mind is, subject to subsection (3)(a) and (b), guilty of a crime, and is liable to imprisonment for 14 years.

Any person who—

unlawfully and indecently deals with a person with an impairment of the mind; or

unlawfully procures a person with an impairment of the mind to commit an indecent act; or

unlawfully permits himself or herself to be indecently dealt with by a person with an impairment of the mind; or

wilfully and unlawfully exposes a person with an impairment of the mind to an indecent act by the offender or any other person; or

without legitimate reason, wilfully exposes a person with an impairment of the mind to any indecent object or any indecent film, videotape, audiotape, picture, photograph or printed or written matter; or

without legitimate reason, takes any indecent photograph or records, by means of any device, any indecent visual image of a person with an impairment of the mind;

is, subject to subsections (3)(c) and (3A), guilty of a crime, and is liable to imprisonment for 10 years.

If the person with an impairment of the mind is not the lineal descendant of the offender but the offender is the guardian of that person or, for the time being, has that person under the offender’s care, the offender is guilty of a crime, and is liable—

in the case of the offence of engaging in unlawful penile intercourse—to imprisonment for life; or

in the case of an attempt to engage in unlawful penile intercourse—to imprisonment for life; or

in the case of an offence defined in subsection (2)—to imprisonment for 14 years.

In the case of an offence defined in subsection (2), if the person with an impairment of the mind is, to the knowledge of the offender, the offender’s lineal descendant, the offender is guilty of a crime, and is liable to imprisonment for 14 years.

It is a defence to a charge of an offence defined in this section to prove—

that the accused person believed on reasonable grounds that the person was not a person with an impairment of the mind; or

that the doing of the act or the making of the omission which, in either case, constitutes the offence did not in the circumstances constitute sexual exploitation of the person with an impairment of the mind.

In this section—deals with includes doing any act that, if done without consent, would constitute an assault.sch 1 pt 4 ch 22 s 216 amd 1913 4 Geo 5 No. 25 s 2(iii); 1945 9 Geo 6 No. 11 s 6; 1975 No. 27 s 41 sch; 1976 No. 25 s 19 sch; 1977 No. 47 s 3 (7) sch 1 pt G; 1986 No. 1 s 15; 1988 No. 88 s 5 sch 2sub 1989 No. 17 s 14amd 1990 No. 93 s 9; 1992 No. 65 s 7; 1997 No. 3 s 27; 2005 No. 70 s 166 sch; 2008 No. 55 s 40; 2013 No. 14 s 17; 2016 No. 50 s 7; 2023 No. 1 s 12217Procuring young person etc. for penile intercourse

A person who procures a person who is not an adult or is a person with an impairment of the mind to engage in penile intercourse (either in Queensland or elsewhere) commits a crime.Maximum penalty—imprisonment for 14 years.

The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

In this section—procure means knowingly entice or recruit for the purposes of sexual exploitation.sch 1 pt 4 ch 22 s 217 amd 1974 No. 57 s 8 sch; 1977 No. 47 s 3 (7) sch 1 pt G; 1988 No. 88 s 5 sch 2sub 1989 No. 17 s 15; 1992 No. 65 s 8amd 1997 No. 3 s 28; 2008 No. 55 s 41; 2016 No. 62 s 80; 2023 No. 1 s 13217A Obtaining commercial sexual services from person who is not an adult

A person who obtains commercial sexual services from another person who is not an adult (the child) commits a crime.Maximum penalty—10 years imprisonment.

If the child is under 16 years, the person is liable to a maximum penalty of 14 years imprisonment.

If the child is under 12 years, the person is liable to a maximum penalty of imprisonment for life.

The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

If the offence is alleged to have been committed in respect of a child of or above the age of 12 years, it is a defence to an offence against subsection (1) that the accused person believed, on reasonable grounds, that the child was an adult.sch 1 pt 4 ch 22 s 217A ins 2024 No. 23 s 13217B Allowing person who is not an adult to take part in commercial sexual services

A person—

who owns or occupies, or is in control of, premises; and

who allows another person who is not an adult to enter or remain on the premises for the purpose of taking part in providing commercial sexual services;

commits a crime.Maximum penalty—14 years imprisonment.

The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

If the offence is alleged to have been committed in respect of a child of or above the age of 12 years, it is a defence to an offence against subsection (1) that the accused person believed, on reasonable grounds, that the person was an adult.sch 1 pt 4 ch 22 s 217B ins 2024 No. 23 s 13217CConduct relating to provision of commercial sexual services by person who is not an adult

A person who—

causes or induces another person who is not an adult to provide commercial sexual services; or

enters into or offers to enter into an agreement under which another person who is not an adult is to provide commercial sexual services; or

receives a payment or reward that the person knows, or ought reasonably to know, is derived directly or indirectly from commercial sexual services provided by another person who is not an adult;

commits a crime.Maximum penalty—14 years imprisonment.

The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

If the offence is alleged to have been committed in respect of a child of or above the age of 12 years, it is a defence to an offence against subsection (1) that the accused person believed, on reasonable grounds, that the person was an adult.sch 1 pt 4 ch 22 s 217C ins 2024 No. 23 s 13218Procuring sexual acts by coercion etc.

A person who—

by coercion, procures another person to—

engage in a sexual act, either in Queensland or elsewhere; or

provide, or continue to provide, commercial sexual services; or

by coercion, causes another person to provide, or continue to provide, payment derived directly or indirectly from the provision of commercial sexual services; or

administers to another person, or causes the other person to take, a drug or other thing with intent to stupefy or overpower the person to enable a sexual act to be engaged in with the person;

commits a crime.Maximum penalty—14 years imprisonment.

For subsection (1), a person engages in a sexual act if the person—

allows a sexual act to be done to the person’s body; or

does a sexual act to the person’s own body or the body of another person; or

otherwise engages in an act of an indecent nature with another person.

Subsection (2) is not limited to sexual intercourse or acts involving physical contact.

The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

In this section—coercion includes, for example, coercion by—

intimidation or threats of any kind; or

assaulting a person; or

damaging the property of a person; or

making false representations or using false pretence or fraudulent means.

procure means knowingly entice or recruit for the purposes of sexual exploitation.sch 1 pt 4 ch 22 s 218 amd 1977 No. 47 s 3 (7) sch 1 pt G; 1988 No. 88 s 5 sch 2; 1989 No. 17 s 16sub 1992 No. 65 s 9amd 1997 No. 3 s 29; 1999 No. 73 s 172; 2003 No. 3 s 16; 2016 No. 62 s 81; 2024 No. 23 s 14218AUsing internet etc. to procure children under 16

Any adult who uses electronic communication with intent to procure a person under the age of 16 years, or a person the adult believes is under the age of 16 years, to engage in a sexual act, either in Queensland or elsewhere, commits a crime.Maximum penalty—10 years imprisonment.

The adult is liable to 14 years imprisonment if—

the person is—

a person under 12 years; or

a person the adult believes is under 12 years; or

the offence involves the adult—

intentionally meeting the person; or

going to a place with the intention of meeting the person.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

For subsection (1), a person engages in a sexual act if the person—

allows a sexual act to be done to the person’s body; or

does a sexual act to the person’s own body or the body of another person; or

otherwise engages in an act of an indecent nature.

Subsection (3) is not limited to sexual intercourse or acts involving physical contact.

For subsection (1), it is not necessary to prove that the adult intended to procure the person to engage in any particular sexual act.

Also, for subsection (1), it does not matter that, by reason of circumstances not known to the adult, it is impossible in fact for the person to engage in the sexual act.

For subsection (1), it does not matter that the person is a fictitious person represented to the adult as a real person.

Evidence that the person was represented to the adult as being under the age of 16 years, or 12 years, as the case may be, is, in the absence of evidence to the contrary, proof that the adult believed the person was under that age.

It is a defence to a charge under this section to prove the adult believed on reasonable grounds that the person was at least 16 years.

For an offence defined in subsection (1) alleged to have been committed with the circumstance of aggravation mentioned in subsection (2)(a)(i), it is a defence to the circumstance of aggravation to prove that the adult believed on reasonable grounds that the person was at least 12 years.

In this section—electronic communication means email, internet chat rooms, SMS messages, real time audio/video or other similar communication.meeting means meeting in person.procure means knowingly entice or recruit for the purposes of sexual exploitation.sch 1 pt 4 ch 22 s 218A ins 2003 No. 3 s 17amd 2013 No. 14 s 18; 2016 No. 62 s 82218BGrooming child under 16 years or parent or carer of child under 16 years

In this section—

a reference to a child, in relation to an adult engaging in conduct in relation to a child, is a reference to—

a person under 16 years; or

a person the adult believes is under 16 years, whether the person is a real person or a fictitious person who is represented to the adult as a real person under 16 years; and

a reference to a child, in relation to an adult engaging in conduct in relation to another person who has care of a child, is a reference to—

a person under 16 years; or

a person the adult believes is under 16 years; and

a reference to a person who has care of a child, in relation to an adult engaging in conduct in relation to another person who has care of a child, includes a reference to a person whom the adult believes is a person who has care of a child.

An adult who engages in conduct in relation to a child, or a person who has care of a child, with intent to—

facilitate the procurement of the child to engage in a sexual act, either in Queensland or elsewhere; or

expose, without legitimate reason, the child to any indecent matter, either in Queensland or elsewhere;

commits a crime.

Note—See section 1 for the definition indecent matter.Maximum penalty—5 years imprisonment.

The adult is liable to 10 years imprisonment if the child is—

a person under 12 years; or

a person, including a fictitious person, the adult believes is under 12 years.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

For subsection (2)(a), a child engages in a sexual act if the child—

allows a sexual act to be done to the child; or

does a sexual act to the child’s own body or the body of another person; or

otherwise engages in an act of an indecent nature.

Subsection (6) is not limited to sexual intercourse or acts involving physical contact.

For subsection (2)(a)—

it is not necessary to prove that the adult intended to facilitate the procurement of the child to engage in any particular sexual act; and

it does not matter that, by reason of circumstances not known to the adult, it is impossible in fact for the child to engage in the sexual act; and

it does not matter when the adult intended the child would be procured to engage in a sexual act.

Evidence that the child was represented to the adult as being under 16 years, or under 12 years, as the case may be, is, in the absence of evidence to the contrary, proof that the adult believed the child was under that age.

It is a defence to a charge under this section to prove the adult believed on reasonable grounds that the child was at least 16 years.

For an offence defined in subsection (2) alleged to have been committed with the circumstance of aggravation mentioned in subsection (3), it is a defence to the circumstance of aggravation to prove that the adult believed on reasonable grounds that the child was at least 12 years.

In this section—person who has care of a child includes a parent, foster-parent, step-parent, guardian or other adult in charge of the child, whether or not the person has lawful custody of the child.procure means knowingly entice or recruit for the purposes of sexual exploitation.sch 1 pt 4 ch 22 s 218B ins 2013 No. 14 s 19amd 2016 No. 62 s 83sub 2020 No. 32 s 13219Taking child for immoral purposes

Any person who takes or entices away, or detains a child who is under the age of 16 years and is not the husband or wife of that person for the purpose of any person, whether a particular person or not, doing an act in relation to the child (a proscribed act) defined to constitute an offence in section 210 or 215 is guilty of a crime.

If the child is of or above the age of 12 years, the offender is liable to imprisonment for 10 years.

If the child is under the age of 12 years, the offender is liable to imprisonment—

for life, where the proscribed act is one defined to constitute an offence in section 215; or

for 14 years in any other case.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

If the proscribed act is one defined to constitute an offence defined in section 210 or 215 and the child is of or above 12 years, it is a defence to prove that the accused person believed, on reasonable grounds, the child was of or above 16 years.sch 1 pt 4 ch 22 s 219 amd 1977 No. 47 s 3 (7) sch 1 pt G; 1988 No. 88 s 5 sch 2sub 1989 No. 17 s 17amd 1990 No. 93 s 10; 1997 No. 3 s 30; 2000 No. 46 s 3 sch; 2002 No. 74 s 90 sch; 2010 No. 2 s 89 sch 1; 2016 No. 50 s 8; 2016 No. 62 s 84220sch 1 pt 4 ch 22 s 220 amd 1977 No. 47 s 3 (7) sch 1 pt G; 1988 No. 88 s 5 sch 2om 1989 No. 17 s 18221Conspiracy to defileAny person who conspires with another to induce a third person, by any false pretence or other fraudulent means, to permit any person to engage in unlawful penile intercourse with the third person commits a crime.Maximum penalty—10 years imprisonment.sch 1 pt 4 ch 22 s 221 amd 1986 No. 1 s 16; 1988 No. 88 s 5 sch 2sub 1997 No. 3 s 31amd 2023 No. 1 s 14222Incest

Any person who—

engages in penile intercourse with the person’s offspring or other lineal descendant, or sibling, parent, grandparent, uncle, aunt, nephew or niece; and

knows that the other person bears that relationship to him or her, or some relationship of that type to him or her;

commits a crime.Maximum penalty—imprisonment for life.

Any person who attempts to commit the crime of incest is liable to imprisonment for 10 years.

It is immaterial that the act or attempted act of penile intercourse happened with the consent of either person.

It is a defence to a charge under this section to prove that the accused person was, at the time when the act or attempted act of penile intercourse happened, acting under the coercion of the other person.

A reference in this section to an offspring or other lineal descendant, or a sibling or a parent includes a relationship of that type that is a half, adoptive or step relationship.

For subsection (5), a reference to an adoptive relationship includes a relationship of that type that came into existence as a result of the making of an adoption order under the Adoption Act 2009 regardless of whether the order has been discharged.

For subsection (5), a reference to a step relationship includes a relationship corresponding to a step relationship arising because of cohabitation in a de facto relationship or because of a foster relationship or a legal arrangement.

Also, for subsection (5), a reference to a step relationship does not include a step relationship that first arose after the relevant persons became adults.

Also, if a parentage order is made under the Surrogacy Act 2010, a reference in this section to an offspring or other lineal descendant, or a sibling or a parent includes a relationship of that type that—

existed before the making of the order; or

came into existence as a result of the making of the order regardless of whether the order has been discharged.

Also, if a cultural recognition order is made under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020, a reference in this section to an offspring or other lineal descendant, or a sibling or a parent includes a relationship of that type that—

existed before the making of the order; or

came into existence as a result of the making of the order regardless of whether the order has been discharged.

This section does not apply to penile intercourse between persons who are—

lawfully married; or

if both persons are adults—entitled to be lawfully married.

sch 1 pt 4 ch 22 s 222 amd 1943 7 Geo 6 No. 14 s 5; 1977 No. 47 s 3 (7) sch 1 pt G; 1988 No. 88 s 5 sch 2; 1989 No. 17 s 19sub 1997 No. 3 s 32amd 2010 No. 2 s 90; 2013 No. 14 s 20; 2020 No. 33 s 127; 2023 No. 1 s 15223Distributing intimate images

A person who distributes an intimate image of another person—

without the other person’s consent; and

in a way that would cause the other person distress reasonably arising in all the circumstances;

commits a misdemeanour.Examples of circumstances for subsection (1)(b)—

• the circumstances surrounding the distribution of the intimate image

• the extent to which the distribution of the intimate image interferes with the other person’s privacy

• the relationship, if any, between the person who distributes the intimate image and the other person

Maximum penalty—3 years imprisonment.

For subsection (1)(a), a child under the age of 16 years is incapable of giving consent.

For subsection (1)(b), it is immaterial whether the person who distributes the intimate image intends to cause, or actually causes, the other person distress.

It is a defence to a charge of an offence against subsection (1) to prove that—

the person engaged in the conduct that is alleged to constitute the offence for a genuine artistic, educational, legal, medical, scientific or public benefit purpose; and

the person’s conduct was, in the circumstances, reasonable for that purpose.

In this section—consent means free and voluntary agreement by a person with the cognitive capacity to make the agreement.sch 1 pt 4 ch 22 s 223 prev s 223 amd 1943 7 Geo 6 No. 14 s 6; 1977 No. 47 s 3 (7) sch 1 pt G; 1988 No. 88 s 5 sch 2om 1997 No. 3 s 120 sch 1pres s 223 ins 2019 No. 1 s 5amd 2024 No. 5 s 10224sch 1 pt 4 ch 22 s 224 amd 1988 No. 88 s 5 sch 2om 2018 No. 23 s 22225sch 1 pt 4 ch 22 s 225 amd 1988 No. 88 s 5 sch 2om 2018 No. 23 s 22226sch 1 pt 4 ch 22 s 226 amd 1988 No. 88 s 5 sch 2om 2018 No. 23 s 22227Indecent acts

Any person who—

wilfully and without lawful excuse does any indecent act in any place to which the public are permitted to have access, whether on payment of a charge for admission or not; or

wilfully does any indecent act in any place with intent to insult or offend any person;

is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

The offender may be arrested without warrant.

Subsection (1) does not apply to a person who does an indecent act under the authority of an adult entertainment permit.sch 1 pt 4 ch 22 s 227 amd 1943 7 Geo 6 No. 14 s 7; 1988 No. 88 s 5 sch 2; 1999 No. 73 s 173227AObservations or recordings in breach of privacy

A person who observes or visually records another person, in circumstances where a reasonable adult would expect to be afforded privacy—

without the other person’s consent; and

when the other person—

is in a private place; or

is engaging in a private act and the observation or visual recording is made for the purpose of observing or visually recording a private act;

commits a misdemeanour.Maximum penalty—3 years imprisonment.Examples of circumstances where a reasonable adult would expect to be afforded privacy—

1 A person changing in a communal change room at a swimming pool may expect to be observed by another person who is also changing in the room but may not expect to be visually recorded.

2 A person who needs help to dress or use a toilet may expect to be observed by the person giving the help but may not expect to be observed by another person.

A person who observes or visually records another person’s genital or anal region, in circumstances where a reasonable adult would expect to be afforded privacy in relation to that region—

without the other person’s consent; and

when the observation or visual recording is made for the purpose of observing or visually recording the other person’s genital or anal region;

commits a misdemeanour.Maximum penalty—3 years imprisonment.Example for subsection (2)—using a mobile phone in a public place to take photos of women’s underwear under their skirts without their consent

In this section—consent means free and voluntary agreement by a person with the cognitive capacity to make the agreement.genital or anal region, of a person, means the person’s genital or anal region when it is bare or covered only by underwear.sch 1 pt 4 ch 22 s 227A ins 2005 No. 70 s 55amd 2019 No. 1 s 6; 2024 No. 5 s 10A227BDistributing prohibited visual recordings

A person who distributes a prohibited visual recording of another person having reason to believe it to be a prohibited visual recording, without the other person’s consent, commits a misdemeanour.Maximum penalty—3 years imprisonment.

In this section—consent means free and voluntary agreement by a person with the cognitive capacity to make the agreement.sch 1 pt 4 ch 22 s 227B ins 2005 No. 70 s 55amd 2016 No. 62 s 85; 2019 No. 1 s 7; 2024 No. 5 s 11227CPersons who are not criminally responsible for offences against ss 223, 227A and 227B

A person is not criminally responsible for an offence against section 223, 227A(1) or (2) or 227B(1) if—

the person is, at the time of the offence, a law enforcement officer acting in the course of the person’s duties; and

the person’s conduct is reasonable in the circumstances for the performance of the duties.

A person is not criminally responsible for an offence against section 223, 227A(1) or (2) or 227B(1) in relation to an intimate image or an observation or visual recording of another person who is in lawful custody or subject to a supervision order if—

the person is, at the time of the offence, acting in the course of the person’s duties in relation to the other person’s lawful custody or supervision order; and

the person’s conduct is reasonable in the circumstances for the performance of the duties.Examples of conduct that may be reasonable for the performance of duties—

• the observation of a person for the safety of the person or another person

• the observation of a person providing a urine sample for a drug test

In this section—lawful custody includes detention under the Mental Health Act 2016 in—

an authorised mental health service or a high security unit within the meaning of that Act; or

the forensic disability service within the meaning of the Forensic Disability Act 2011.

supervision order, for a person, means an order under an Act or a law of the Commonwealth or another State or made by an Australian court that subjects the person to supervision including, for example, the following orders—

a community based order, or drug and alcohol treatment order, under the Penalties and Sentences Act 1992;

a community based order or supervised release order under the Youth Justice Act 1992;

a parole order under the Corrective Services Act 2006;

a supervision order or an interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

sch 1 pt 4 ch 22 s 227C ins 2005 No. 70 s 55amd 2006 No. 29 s 518 sch 3; 2007 No. 37 s 42 sch; 2009 No. 34 s 45 (1) sch pt 1 amdt 12; 2011 No. 13 s 173; 2013 No. 29 s 59H; 2016 No. 5 s 868; 2017 No. 41 s 4; 2019 No. 1 s 8; 2020 No. 23 s 69 sch 1228Obscene publications and exhibitions

Any person who knowingly, and without lawful justification or excuse—

publicly sells, distributes or exposes for sale any obscene book or other obscene printed or written matter, any obscene computer generated image or any obscene picture, photograph, drawing, or model, or any other object tending to corrupt morals; or

exposes to view in any place to which the public are permitted to have access, whether on payment of a charge for admission or not, any obscene picture, photograph, drawing, or model, or any other object tending to corrupt morals; or

publicly exhibits any indecent show or performance, whether on payment of a charge for admission to see the show or performance or not;

is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

In the case of an offence defined in subsection (1)(a) or (b), if the matter or thing is obscene or tends to corrupt morals by reason of depicting a person who is or is represented to be—

a child under the age of 16 years—the offender is liable to imprisonment for 5 years; or

a child under the age of 12 years—the offender is liable to imprisonment for 10 years.

In the case of an offence defined in subsection (1)(c), if a person appearing in the indecent show or performance is or is represented to be—

a child under the age of 16 years—the offender is liable to imprisonment for 5 years; or

a child under the age of 12 years—the offender is liable to imprisonment for 10 years.

It is a defence to a charge of any of the offences defined in this section to prove that it was for the public benefit that the act complained of should be done.

Whether the doing of any such act is or is not for the public benefit is a question of fact.

Section 207A, definition distribute, does not apply to this section.

In this section—computer generated image means electronically recorded data capable, by way of an electronic device, of being produced on a computer monitor, television screen, liquid crystal display or similar medium as an image, including an image in the form of text.sch 1 pt 4 ch 22 s 228 amd 1988 No. 88 s 5 sch 2; 1989 No. 17 s 20; 2000 No. 43 s 18; 2016 No. 62 s 86228AInvolving child in making child exploitation material

A person who involves a child in the making of child exploitation material commits a crime.Maximum penalty—

if the offender uses a hidden network or an anonymising service in committing the offence—25 years imprisonment; or

otherwise—20 years imprisonment.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

In this section—involves a child in the making of child exploitation material includes—

in any way concerns a child in the making of child exploitation material; and

attempts to involve a child in the making of child exploitation material.

sch 1 pt 4 ch 22 s 228A ins 2005 No. 9 s 6amd 2013 No. 14 s 21; 2016 No. 62 s 87228BMaking child exploitation material

A person who makes child exploitation material commits a crime.Maximum penalty—

if the offender uses a hidden network or an anonymising service in committing the offence—25 years imprisonment; or

otherwise—20 years imprisonment.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

In this section—make child exploitation material includes—

produce child exploitation material; and

attempt to make child exploitation material.

sch 1 pt 4 ch 22 s 228B ins 2005 No. 9 s 6amd 2013 No. 14 s 22; 2016 No. 62 s 88228CDistributing child exploitation material

A person who distributes child exploitation material commits a crime.Maximum penalty—

if the offender uses a hidden network or an anonymising service in committing the offence—20 years imprisonment; or

otherwise—14 years imprisonment.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.sch 1 pt 4 ch 22 s 228C ins 2005 No. 9 s 6amd 2013 No. 14 s 23; 2016 No. 62 s 89228DPossessing child exploitation material

A person who knowingly possesses child exploitation material commits a crime.Maximum penalty—

if the offender uses a hidden network or an anonymising service in committing the offence—20 years imprisonment; or

otherwise—14 years imprisonment.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.sch 1 pt 4 ch 22 s 228D ins 2005 No. 9 s 6amd 2013 No. 14 s 24; 2016 No. 62 s 90228DA Administering child exploitation material website

A person who administers a website knowing the website is used to distribute child exploitation material commits a crime.Maximum penalty—

if the offender uses a hidden network or an anonymising service in committing the offence—20 years imprisonment; or

otherwise—14 years imprisonment.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

It is a defence to a charge under this section to prove that the person, on becoming aware the website was being used to distribute child exploitation material, took all reasonable steps in the circumstances to prevent other persons from being able to use the website to access child exploitation material.Examples of steps that may be reasonable in the circumstances—

• telling a police officer the website is being used to distribute child exploitation material and complying with any reasonable direction given by the police officer about what to do in relation to the website

• shutting the website down

• modifying the operation of the website so it can not be used to distribute or access child exploitation material

In this section—administer, a website, includes—

design, create, manage or maintain the website, part of the website or a function of the website; or

provide a device to host the website, part of the website or a function of the website; or

facilitate the operation and use of the website, part of the website or a function of the website.

sch 1 pt 4 ch 22 s 228DA ins 2016 No. 62 s 91228DB Encouraging use of child exploitation material website

A person who, knowing a website is used to distribute child exploitation material, distributes information—

to encourage someone, whether a particular person or not, to use the website; or

to advertise or promote the website to someone, whether a particular person or not;

commits a crime.Maximum penalty—

if the offender uses a hidden network or an anonymising service in committing the offence—20 years imprisonment; or

otherwise—14 years imprisonment.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.sch 1 pt 4 ch 22 s 228DB ins 2016 No. 62 s 91228DC Distributing information about avoiding detection

A person who distributes information about how to avoid detection of, or prosecution for, conduct that involves the commission of a child exploitation material offence commits a crime.Maximum penalty—

if the offender uses a hidden network or an anonymising service in committing the offence—20 years imprisonment; or

otherwise—14 years imprisonment.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

In this section—child exploitation material offence means an offence against section 228A, 228B, 228C, 228D, 228DA, 228DB or this section.sch 1 pt 4 ch 22 s 228DC ins 2016 No. 62 s 91228EDefences for ss 228A–228DC

Subsections (2), (3) and (5) prescribe defences available to a person charged with an offence against section 228A, 228B, 228C, 228D, 228DA, 228DB or 228DC.

It is a defence for the person to prove that—

the person engaged in the conduct that is alleged to constitute the offence for a genuine artistic, educational, legal, medical, scientific or public benefit purpose; and

the person’s conduct was, in the circumstances, reasonable for that purpose.

Example of something made for a public benefit—a current affairs television program showing children being tortured during a civil war

It is a defence for the person to prove that, at the time of the alleged offence—

the material that is alleged to be child exploitation material was subject to a conditional cultural exemption in relation to a relevant showing; and

the person engaged in the conduct that is alleged to constitute the offence for the purpose of the relevant showing.

Whether conduct was engaged in for a purpose mentioned in subsection (2)(a) or (3)(b) is a question of fact.

It is a defence for the person to prove that the material alleged to be child exploitation material is a computer game, film or publication that is classified as something other than RC.

For subsection (5), the material may have been classified before, or may be classified after, the offence is alleged to have been committed.

A certificate that states any of the following facts is evidence of that fact—

whether a stated computer game, film or publication has been classified;

if a stated computer game, film or publication has been classified—the classification given to the computer game, film or publication.

In this section—certificate means a certificate under the Commonwealth Classification Act, section 25 or 87.relevant showing has the meaning given by the Commonwealth Classification Act, sections 6C and 6E.subject to a conditional cultural exemption has the meaning given by the Commonwealth Classification Act, section 5.sch 1 pt 4 ch 22 s 228E ins 2005 No. 9 s 6amd 2005 No. 24 s 39; 2010 No. 2 s 89 sch 1; 2013 No. 3 s 43; 2016 No. 62 s 92; 2017 No. 17 s 113228FExcluding non-essential persons from court when child exploitation material displayed

When material alleged to be child exploitation material is on display in a courtroom, the court must exclude from the courtroom anyone who is not an essential person.

An essential person is—

a party, or a person representing a party, to the proceeding; or

a Crown Law Officer or a person authorised by a Crown Law Officer; or

the prosecutor; or

a witness giving evidence; or

a person who is an intermediary under the Evidence Act 1977, part 2, division 4C for a witness giving evidence; or

a person who a witness is entitled to have present in court under the Evidence Act 1977, section 21A(2)(d), 21AV or 103ZE(2)(g); or

a person whose presence is, in the court’s opinion, necessary or desirable for the proper conduct of the proceeding; or

a person who applies to the court to be present and whose presence, in the court’s opinion—

would serve a proper interest of the person; and

would not be prejudicial to the interests of any child described or depicted in the child exploitation material, whether or not any child can be identified from the child exploitation material.

When forming an opinion under subsection (2)(g) or (h), the court must consider the public benefit of limiting the number of people with access to child exploitation material.sch 1 pt 4 ch 22 s 228F ins 2005 No. 9 s 6amd 2020 No. 32 s 24; 2024 No. 5 s 102 sch 1 div 4 (amd 2024 No. 23 s 18F)228GForfeiture of child abuse objects, child exploitation material etc.

This section applies if a person is prosecuted for an offence against—

section 210(1)(e) or (f), 218A or 218B; or

section 228A, 228B, 228C, 228D, 228DA, 228DB, 228DC, 228I or 228J.

Whether or not the person is convicted of the offence, the court may order the photograph, visual image, material or object that is the subject of the offence be forfeited to the State.

If the person is convicted of the offence, the court may also order that anything used to commit the offence be forfeited to the State.Example of a thing used to commit the offence—a computer, camera or sound recording device

Subsections (2) and (3) apply whether the thing to be forfeited has been seized or is in its owner’s possession.

The court may also make any order that it considers appropriate to enforce the forfeiture.

This section does not limit the court’s powers under the Penalties and Sentences Act 1992, the Criminal Proceeds Confiscation Act 2002 or another law.

When forfeited to the State, the thing becomes the State’s property and may be dealt with as directed by the chief executive.sch 1 pt 4 ch 22 s 228G ins 2005 No. 9 s 6amd 2008 No. 55 s 42; 2013 No. 14 s 25; 2016 No. 62 s 93; 2020 No. 32 s 14228HPossession etc. of child abuse objects or child exploitation material by law enforcement officer

A person is not criminally responsible for an offence against section 228B, 228C, 228D, 228DA, 228DB, 228DC, 228I or 228J if—

the person is, at the time of the offence, a law enforcement officer acting in the course of the person’s duties; and

the person’s conduct is reasonable in the circumstances for the performance of the duties.Examples of conduct that may be reasonable for the performance of a law enforcement officer’s duties—

• copying child exploitation material for the purposes of preparing a brief for police prosecutors

• supplying child exploitation material to the Classification Board established under the Commonwealth Classification Act for classification under that Act or to the Office of the Director of Public Prosecutions for use during the prosecution of a person for an offence

• keeping child exploitation material obtained during an investigation for legitimate intelligence purposes

However, subsection (1) does not apply to the extent that the person’s conduct consists of engaging in conduct or an activity that—

is authorised under—

the Police Powers and Responsibilities Act 2000, chapter 10 or 11; or

the Crime and Corruption Act 2001, chapter 3, part 6A; or

is otherwise directed to gaining evidence of the commission of an offence against a particular person.

In this section—law enforcement officer includes an inspector under any of the following Acts—

the Classification of Computer Games and Images Act 1995;

the Classification of Films Act 1991;

the Classification of Publications Act 1991.

sch 1 pt 4 ch 22 s 228H ins 2005 No. 9 s 6amd 2005 No. 70 s 56; 2005 No. 45 s 74 sch 4; 2007 No. 37 s 42 sch; 2014 No. 21 s 94 (2) sch 2; 2016 No. 62 s 94; 2017 No. 17 s 114; 2020 No. 32 s 15228IProducing or supplying child abuse object

A person who produces or supplies a child abuse object commits a crime.Maximum penalty—

if the production or supply is for a commercial purpose—20 years imprisonment; or

otherwise—14 years imprisonment.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

In this section—produce includes—

prepare, manufacture or package; and

offer to produce; and

do or offer to do any act in preparation for or furtherance of, or for the purpose of, an act of producing.

supply includes—

give, distribute, sell or transport; and

offer to supply; and

do or offer to do any act in preparation for or furtherance of, or for the purpose of, an act of supply.

sch 1 pt 4 ch 22 s 228I ins 2020 No. 32 s 16228JPossessing child abuse object

A person who knowingly possesses a child abuse object commits a crime.Maximum penalty—14 years imprisonment.

The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.sch 1 pt 4 ch 22 s 228J ins 2020 No. 32 s 16228KDefence for ss 228I and 228J

It is a defence for a person charged with an offence against section 228I or 228J to prove that—

the person engaged in the conduct that is alleged to constitute the offence for a genuine artistic, educational, legal, medical, scientific or public benefit purpose; and

the person’s conduct was, in the circumstances, reasonable for that purpose.

Whether conduct was engaged in for a purpose mentioned in subsection (1)(a) is a question of fact.sch 1 pt 4 ch 22 s 228K ins 2020 No. 32 s 16229Knowledge of age immaterialExcept as otherwise expressly stated, it is immaterial, in the case of any of the offences defined in this chapter committed with respect to a person under a specified age, that the accused person did not know that the person was under that age, or believed that the person was not under that age.sch 1 pt 4 ch 22 s 229 amd 1989 No. 17 s 21229AThreats to distribute intimate image or prohibited visual recording

A person commits a misdemeanour if—

the person makes a threat to another person to distribute an intimate image or prohibited visual recording of the other person—

without the other person’s consent; and

in a way that would cause the other person distress reasonably arising in all the circumstances; and

the threat is made in a way that would cause the other person fear, reasonably arising in all the circumstances, of the threat being carried out.

Examples of circumstances for subsection (1)—

• the circumstances surrounding the threat

• the relationship, if any, between the person who makes the threat and the other person

Maximum penalty—3 years imprisonment.

A person commits a misdemeanour if—

the person makes a threat to another person (person A) to distribute an intimate image or prohibited visual recording of another person (person B)—

without person B’s consent; and

in a way that would cause either person A or person B distress reasonably arising in all the circumstances; and

the threat is made in a way that would cause person A fear, reasonably arising in all the circumstances, of the threat being carried out.

Examples of circumstances for subsection (2)—

• the circumstances surrounding the threat

• the relationship, if any, between the person who makes the threat and person A or person B

Maximum penalty—3 years imprisonment.

For subsections (1) and (2) it is immaterial whether—

the intimate image or prohibited visual recording exists or does not exist; or

the person who makes the threat intends to cause, or actually causes, the fear mentioned in the subsection.

For subsections (1)(a)(i) and (2)(a)(i), a child under the age of 16 years is incapable of giving consent.

In this section—consent means free and voluntary agreement by a person with the cognitive capacity to make the agreement.sch 1 pt 4 ch 22 s 229A prev s 229A ins 1975 No. 27 s 7amd 1976 No. 25 s 19 sch; 1988 No. 88 s 5 sch 2; 1989 No. 17 s 22om 1997 No. 3 s 120 sch 1pres s 229A ins 2019 No. 1 s 9amd 2024 No. 5 s 12229AA Rectification order—offence against s 223, 227A, 227B or 229A

If a person is convicted of an offence against section 223(1), 227A(1) or (2), 227B(1) or 229A(1) or (2) the court may order the person to take reasonable action to remove, retract, recover, delete or destroy an intimate image or prohibited visual recording involved in the offence within a stated period.

A person who fails to comply with an order made under subsection (1) commits a misdemeanour.Maximum penalty—2 years imprisonment.sch 1 pt 4 ch 22 s 229AA ins 2019 No. 1 s 9229BRepeated sexual conduct with a child

Any adult who maintains an unlawful sexual relationship with a child under the age of 16 years commits a crime.Maximum penalty—life imprisonment.

Any adult who has a child of or above the age of 16 under their care, supervision or authority and maintains an unlawful sexual relationship with the child commits a crime.Maximum penalty—life imprisonment.

An unlawful sexual relationship is a relationship that involves more than 1 unlawful sexual act over any period.

For an adult to be convicted of the offence of maintaining an unlawful sexual relationship with a child, all the members of the jury must be satisfied beyond reasonable doubt that the evidence establishes that an unlawful sexual relationship with the child involving unlawful sexual acts existed.

However, in relation to the unlawful sexual acts involved in an unlawful sexual relationship—

the prosecution is not required to allege the particulars of any unlawful sexual act that would be necessary if the act were charged as a separate offence; and

the jury is not required to be satisfied of the particulars of any unlawful sexual act that it would have to be satisfied of if the act were charged as a separate offence; and

all the members of the jury are not required to be satisfied about the same unlawful sexual acts.

If the child was at least 12 years when the crime was alleged to have been committed, it is a defence to a charge of an offence against subsection (1) to prove the adult believed on reasonable grounds the child was at least the age of 16 years.

It is a defence to a charge of an offence against subsection (1A) that—

the adult believed on reasonable grounds that the child was at least 18 years of age; or

all of the following apply—

the adult is not a person referred to in section 210A(3);

the adult was less than 3 years older than the child;

the acts or omissions that constitute the offence did not, in the circumstances, constitute sexual exploitation of the child; or

the adult and the child were lawfully married.

An adult can not be prosecuted for the crime without a Crown Law Officer’s consent.

The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for the crime.

An adult may be charged in 1 indictment with—

the offence of maintaining an unlawful sexual relationship with a child (the maintaining offence); and

1 or more other offences of a sexual nature alleged to have been committed by the adult in relation to the child in the course of the alleged unlawful sexual relationship (the other offence or offences).

The adult charged in 1 indictment as mentioned in subsection (7) may be convicted of and punished for any or all of the offences charged.

However, if the adult is—

charged in 1 indictment as mentioned in subsection (7); and

sentenced to imprisonment for the maintaining offence and for the other offence or offences;

the court imposing imprisonment may not order that the sentence for the maintaining offence be served cumulatively with the sentence or sentences for the other offence or offences.

Note—See the Penalties and Sentences Act 1992, section 155 (Imprisonment to be served concurrently unless otherwise ordered).

The heading of this section—

is not part of this section, despite the Acts Interpretation Act 1954, section 14; and

is not intended to affect the interpretation or operation of this section.

Note—Parliament, in amending the heading of this section by the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023 did not intend to change the nature or scope of this offence or the requirements for establishing an offence against this section.

In this section—offence of a sexual nature means—

for subsection (1), an offence defined in section 210 (other than section 210(1)(e) or (f)), 215, 222, 349, 350 or 352; and

for subsection (1A), an offence defined in section 210A.

unlawful sexual act means an act that constitutes, or would constitute (if it were sufficiently particularised), an offence of a sexual nature.

To remove any doubt, it is declared that the persons in section 210A(3) are taken, for the purpose of subsection (1A), to have a child under their care, supervision or authority.

Notes—

1 See sections 746 and 747 in relation to—

the application of this section in relation to acts done before 3 July 1989; and

the application of this section during the period 3 July 1989 to 30 April 2003.

2 See section 767 in relation to the application of subsection (1A).

sch 1 pt 4 ch 22 s 229B ins 1989 No. 17 s 23amd 1997 No. 3 s 33sub 2003 No. 3 s 18amd 2008 No. 55 s 43; 2016 No. 50 s 9; 2016 No. 62 s 95; 2020 No. 32 s 17; 2023 No. 1 s 16; 2024 No. 48 s 9229BB Failure to protect child from child sexual offence

An accountable person commits a crime if—

the person knows there is a significant risk that another adult (the alleged offender) will commit a child sexual offence in relation to a child; and

the alleged offender—

is associated with an institution; or

is a regulated volunteer; and

the child is under the care, supervision or control of an institution; and

the child is either—

under 16 years; or

a person with an impairment of the mind; and

the person has the power or responsibility to reduce or remove the risk; and

the person wilfully or negligently fails to reduce or remove the risk.

Maximum penalty—5 years imprisonment.

For subsection (1), it does not matter that the knowledge was gained by the accountable person during, or in connection with, a religious confession.

For this section, an adult is associated with an institution if the adult—

owns, or is involved in the management or control of, the institution; or

is employed or engaged by the institution; or

works as a volunteer for the institution; or

engages in an activity in relation to the institution for which a working with children authority under the Working with Children Check Act 2000 is required; or

engages in the delivery of a service to a child who is under the care, supervision or control of the institution.

In this section—accountable person means an adult who is associated with an institution, other than a regulated volunteer.institution means an entity, other than an individual, that—

provides services to children; or

operates a facility for, or engages in activities with, children under the entity’s care, supervision or control.

Examples of institutions—schools, government agencies, religious organisations, hospitals, child care centres, licensed residential facilities, sporting clubs, youth organisationsregulated volunteer means an adult who is taken to be a volunteer employed or engaged in regulated employment at a person’s home, residence or household under any of the following provisions of the Working with Children Check Act 2000, schedule 1—

section 4(2) or (3);

section 9(2);

section 14(2).

sch 1 pt 4 ch 22 s 229BB ins 2020 No. 32 s 25amd 2024 No. 49 s 130 sch 4 pt 1229BC Failure to report belief of child sexual offence committed in relation to child

This section applies to an adult if—

the adult gains information that causes the adult to believe on reasonable grounds, or ought reasonably to cause the adult to believe, that a child sexual offence is being or has been committed against a child by another adult; and

at the relevant time, the child is or was—

under 16 years; or

a person with an impairment of the mind.

If, without reasonable excuse, the adult fails to disclose the information to a police officer as soon as reasonably practicable after the belief is, or ought reasonably to have been, formed, the adult commits a misdemeanour.Maximum penalty—3 years imprisonment.

For subsection (1), it does not matter that the information was gained by the adult during, or in connection with, a religious confession.

Without limiting what may be a reasonable excuse for subsection (2), an adult has a reasonable excuse if—

the adult believes on reasonable grounds that the information has already been disclosed to a police officer; or

the adult has already reported the information under any of the following provisions, or believes on reasonable grounds that another person has done or will do so—

the Child Protection Act 1999, chapter 2, part 1AA;

the Education (General Provisions) Act 2006, chapter 12, part 10;

the Youth Justice Act 1992, part 8 or 9; or

the adult gains the information after the child turns 16 years (the alleged victim), and the adult reasonably believes the alleged victim does not want the information to be disclosed to a police officer; or

both of the following apply—

the adult reasonably believes disclosing the information to a police officer would endanger the safety of the adult or another person, other than the alleged offender, regardless of whether the belief arises because of the fact of the disclosure or the information disclosed;

failure to disclose the information to a police officer is a reasonable response in the circumstances; or

both of the following apply—

the adult gains the information—

as a relevant professional while acting in the adult’s professional capacity; and

in the course of a confidential professional relationship with the child in which there is an express or implied obligation of confidentiality between the adult and the child;

the adult reasonably believes there is no real risk of serious harm to the child or any other child in not disclosing the information to a police officer.

An adult who, in good faith, discloses information mentioned in subsection (1)(a) to a police officer is not liable civilly, criminally or under an administrative process for making the disclosure.

In this section—relevant time, in relation to the child sexual offence mentioned in subsection (1)(a), means the time that the adult—

believes to be the time of commission of the offence; or

ought reasonably to believe to be the time of commission of the offence.

counsel, a person, means—

to listen to and give verbal or other support, help or encouragement to the person, whether one-on-one or in a group; or

to advise, give therapy to or treat the person, whether one-on-one or in a group.

counsellor means a person who—

has undertaken training or study, or has experience, that is relevant to the process of counselling other persons; and

in the course of the person’s paid or voluntary employment, other than as a religious representative, counsels another person.

relevant professional means—

a medical practitioner; or

a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student; or

a person registered under the Health Practitioner Regulation National Law to practise in the registered nurses division of the nursing profession, other than as a student; or

a person registered under the Health Practitioner Regulation National Law to practise in the midwifery profession, other than as a student; or

a person who is a member of the Australian Association of Social Workers Ltd ACN 008 576 010; or

a counsellor; or

a person who is of a class of persons prescribed by regulation.

religious representative means a person who—

is a member of—

an organised religion; or

a religious group, even if the group is not part of, or does not consider itself to be part of, an organised religion; and

holds a position in the religion or group that allows the person to hold themself out as a representative of the religion or group.

sch 1 pt 4 ch 22 s 229BC ins 2020 No. 32 s 25amd 2024 No. 5 s 9 Chapter 22Asch 1 pt 4 ch 22A hdg ins 1992 No. 65 s 10om 2024 No. 23 s 15229Csch 1 pt 4 ch 22A s 229C ins 1992 No. 65 s 10amd 2010 No. 29 s 14

om 2024 No. 23 s 15229Dsch 1 pt 4 ch 22A s 229D ins 1992 No. 65 s 10sub 1999 No. 73 s 174om 2024 No. 23 s 15229Esch 1 pt 4 ch 22A s 229E ins 1992 No. 65 s 10sub 1999 No. 73 s 174amd 2008 No. 55 s 44om 2024 No. 23 s 15229Fsch 1 pt 4 ch 22A s 229F prev s 229F ins 1992 No. 65 s 10om 2008 No. 55 s 45pres s 229F ins 2010 No. 29 s 15om 2024 No. 23 s 15229FA sch 1 pt 4 ch 22A s 229FA ins 2010 No. 29 s 15om 2024 No. 23 s 15229Gsch 1 pt 4 ch 22A s 229G ins 1992 No. 65 s 10amd 1997 No. 3 s 34; 1999 No. 73 s 175; 2008 No. 55 s 46; 2010 No. 29 s 15A; 2014 No. 39 s 26; 2016 No. 62 s 96om 2024 No. 23 s 15229Hsch 1 pt 4 ch 22A s 229H ins 1992 No. 65 s 10amd 1999 No. 73 s 176; 2007 No. 15 s 37 sch; 2008 No. 55 s 47; 2010 No. 29 s 16 (1)–(10)(3)–(6) reloc and renum as s 229HA(2)–(5) 2010 No. 29 s 16

amd 2016 No. 62 s 97om 2024 No. 23 s 15229HA sch 1 pt 4 ch 22A s 229HA ins 2010 No. 29 s 17(2)–(5) (prev s 229H(3)–(6)) reloc and renum 2010 No. 29 s 16

om 2024 No. 23 s 15229HB sch 1 pt 4 ch 22A s 229HB ins 2010 No. 29 s 17amd 2016 No. 62 s 98om 2024 No. 23 s 15229HC sch 1 pt 4 ch 22A s 229HC ins 2010 No. 29 s 17om 2024 No. 23 s 15229Isch 1 pt 4 ch 22A s 229I ins 1992 No. 65 s 10amd 1999 No. 73 s 177; 2008 No. 55 s 48om 2024 No. 23 s 15229Jsch 1 pt 4 ch 22A s 229J ins 1992 No. 65 s 10amd 2010 No. 29 s 18om 2024 No. 23 s 15229Ksch 1 pt 4 ch 22A s 229K ins 1992 No. 65 s 10amd 1999 No. 73 s 178; 2008 No. 55 s 49; 2016 No. 62 s 99om 2024 No. 23 s 15229Lsch 1 pt 4 ch 22A s 229L ins 1992 No. 65 s 10amd 2008 No. 55 s 50; 2016 No. 62 s 100om 2024 No. 23 s 15229Msch 1 pt 4 ch 22A s 229M prev s 229M ins 1992 No. 65 s 10om 2000 No. 5 s 461 sch 3pres s 229M ins 2010 No. 26 s 19om 2024 No. 23 s 15229Nsch 1 pt 4 ch 22A s 229N ins 1992 No. 65 s 10om 2024 No. 23 s 15229Osch 1 pt 4 ch 22A s 229O ins 1992 No. 65 s 10amd 2006 No. 25 s 241 (1) sch 3; 2013 No. 36 s 331 sch 1om 2024 No. 23 s 15229Psch 1 pt 4 ch 22A s 229P ins 1992 No. 65 s 10om 1997 No. 3 s 120 sch 1 Chapter 23Nuisances—misconduct relating to corpses230ADefinitions for ch 23In this chapter—conduct means conduct, promote, organise, control or operate.occupier, of a place, means any of the following—

the owner, lessee or person apparently in charge of the place;

the person who has the care, management or supervision of the place or who is conducting a business at the place.

place includes land, premises and a vehicle.public place means—

a place, or part of a place, that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or

a place, or part of a place, the occupier of which allows, whether or not on payment of money, members of the public to enter.

unlawful game means a game of chance, or mixed chance and skill, that—

is not authorised under an Act; and

is played by 1 or more persons (players) who gamble or bet on an outcome of the game for the purpose of winning money or another consideration; and

has at least 1 of the following characteristics—

the game is conducted or played in a public place;

the game is played in a place, or part of a place, the occupier of which allows, on payment of money or for other consideration, players to enter and use for playing the game;

a percentage of the amount gambled or bet is—

kept by 1 or more of the players, or another person; and

not included in the winnings of the players.

sch 1 pt 4 ch 23 s 230A ins 2005 No. 70 s 57230Common nuisancesAny person who—

without lawful justification or excuse, the proof of which lies on the person, does any act, or omits to do any act with respect to any property under the person’s control, by which act or omission danger is caused to the lives, safety, or health, of the public; or

without lawful justification or excuse, the proof of which lies on the person, does any act, or omits to do any act with respect to any property under the person’s control, by which act or omission danger is caused to the property or comfort of the public, or the public are obstructed in the exercise or enjoyment of any right common to all the Sovereign’s subjects, and by which injury is caused to the person of some person;

is guilty of a misdemeanour, and is liable to imprisonment for 2 years.sch 1 pt 4 ch 23 s 230 amd 2024 No. 6 s 36 sch 1231sch 1 pt 4 ch 23 s 231 amd 1988 No. 88 s 5 sch 2om 1992 No. 65 s 11232Operating a place for unlawful games

A person who operates a place—

for the purpose of conducting an unlawful game, by the person or another person; or

for the purpose of playing an unlawful game;

commits a misdemeanour.Maximum penalty—600 penalty units or 3 years imprisonment.

In this section—operates includes owns, leases, manages, controls and maintains.sch 1 pt 4 ch 23 s 232 amd 1988 No. 88 s 5 sch 2sub 2005 No. 70 s 58233Possession of thing used to play an unlawful game

A person who possesses gaming equipment that has been used, or is intended to be used, for playing an unlawful game commits an offence.Maximum penalty—200 penalty units.

In this section—gaming equipment means a machine or other device (whether electronic, electrical or mechanical), computer software, or another thing, used or suitable for use, for playing an unlawful game.Example of another thing, used or suitable for use, for playing an unlawful game—implements for playing two-upsch 1 pt 4 ch 23 s 233 amd 1961 10 Eliz 2 No. 11 s 4; 1988 No. 88 s 5 sch 2; 1997 No. 3 s 35sub 2005 No. 70 s 58234Conducting or playing unlawful games

A person who conducts an unlawful game commits an offence.Maximum penalty—200 penalty units.

A person who plays an unlawful game commits an offence.Maximum penalty—40 penalty units.sch 1 pt 4 ch 23 s 234 amd 1930 21 Geo 5 No. 11 s 3; 1988 No. 88 s 5 sch 2sub 2005 No. 70 s 58235sch 1 pt 4 ch 23 s 235 amd 1992 No. 65 s 12om 2005 No. 70 s 58236Misconduct with regard to corpses

A person who, without lawful justification or excuse, the proof of which lies on the person, neglects to perform any duty imposed on the person by law, or undertaken by the person, whether for reward or otherwise, touching the burial or other disposition of a human body or human remains is guilty of a misdemeanour.Maximum penalty—2 years imprisonment.

A person who, without lawful justification or excuse, the proof of which lies on the person, improperly or indecently interferes with, or offers any indignity to, any dead human body or human remains, whether buried or not, is guilty of a crime.Maximum penalty—5 years imprisonment.sch 1 pt 4 ch 23 s 236 amd 1988 No. 88 s 5 sch 2sub 2017 No. 6 s 9237sch 1 pt 4 ch 23 s 237 amd 1988 No. 88 s 5 sch 2om 1997 No. 3 s 120 sch 1 Chapter 24Offences against public health238Contamination of goods

A person who contaminates or interferes with goods, or makes it appear that goods have been contaminated or interfered with, commits a misdemeanour.Maximum penalty—3 years imprisonment.

If the person commits the offence with intent to cause—

public alarm or anxiety; or

members of the public who are aware of the contamination or interference or apparent contamination or interference to refrain from purchasing those goods or goods of that or any similar class; or

any person to suffer economic loss through taking steps to avoid public alarm or anxiety; or

members of the public to refrain from purchasing those goods or goods of that or any similar class;

the person commits a crime.Maximum penalty—10 years imprisonment.

A person who, with any intent mentioned in subsection (2), threatens that he or she or any other person will contaminate or interfere with goods or make it appear that goods have been contaminated or interfered with, commits a crime.Maximum penalty—7 years imprisonment.

If the threat is accompanied by the making of a demand, the person commits a crime.Maximum penalty—14 years imprisonment.sch 1 pt 4 ch 24 s 238 amd 1988 No. 88 s 5 sch 2sub 1997 No. 9 s 22239Hoax contamination of goodsA person who makes a statement or conveys information to another person that he or she knows or believes to be false with the intention of inducing in that person or another person a belief that goods have been contaminated or interfered with and causes—

public alarm or anxiety; or

that person or that other person to refrain from purchasing those goods or goods of that or any similar class; or

any person to suffer economic loss through taking steps to avoid public alarm or anxiety; or

members of the public to refrain from purchasing those goods or goods of that or any similar class;

commits a crime.Maximum penalty—7 years imprisonment.sch 1 pt 4 ch 24 s 239 amd 1988 No. 88 s 5 sch 2sub 1997 No. 9 s 22240Dealing in contaminated goodsA person who knowingly—

sells or exposes for sale as goods for human consumption, or has in the person’s possession with intent to sell it as goods for human consumption, any article that the person knows to be contaminated or otherwise unfit as goods for human consumption; or

takes into a slaughter house used for the slaughter of any animals intended for human consumption the whole or any part of the carcass of an animal that has died of a disease; or

sells or exposes for sale the whole or part of the carcass of an animal that has died of a disease or that was diseased when slaughtered;

commits a misdemeanour.Maximum penalty—3 years imprisonment.sch 1 pt 4 ch 24 s 240 amd 1988 No. 88 s 5 sch 2sub 1997 No. 9 s 22241Definitions for ch 24In this chapter—contaminate includes to add, mix or put in a deleterious or poisonous substance.goods includes beverage and food for human consumption and any substances whether natural or manufactured and whether or not incorporated in or mixed with other goods.sch 1 pt 4 ch 24 s 241 sub 1997 No. 9 s 22 Chapter 25Cruelty to animalssch 1 pt 4 ch 25 hdg prev ch 25 hdg om 2008 No. 55 s 51pres ch 25 hdg ins 2014 No. 39 s 27242Serious animal cruelty

A person who, with the intention of inflicting severe pain or suffering, unlawfully kills, or causes serious injury or prolonged suffering to, an animal commits a crime.Maximum penalty—7 years imprisonment.

An act or omission that causes the death of, or serious injury or prolonged suffering to, an animal is unlawful unless it is authorised, justified or excused by—

the Animal Care and Protection Act 2001; or

another law, other than section 458 of this Code.

In this section—serious injury means—

the loss of a distinct part or an organ of the body; or

a bodily injury of such a nature that, if left untreated, would—

endanger, or be likely to endanger, life; or

cause, or be likely to cause, permanent injury to health.

sch 1 pt 4 ch 25 s 242 prev s 242 amd 1988 No. 88 s 5 sch 2om 2008 No. 55 s 51pres s 242 ins 2014 No. 39 s 27243sch 1 pt 4 ch 25 s 243 amd 1988 No. 88 s 5 sch 2om 2008 No. 55 s 51244sch 1 pt 4 ch 25 s 244 amd 1988 No. 88 s 5 sch 2om 1997 No. 3 s 120 sch 1