Grooming for sexual conduct with a child under the age of 16
49M Grooming for sexual conduct with a child under the age of 16
S. 49M inserted by No. 47/2016 s. 16.
A person (A) commits an offence if—
A is 18 years of age or more; and
A communicates, by words or conduct (whether or not a response is made to the communication), with—
another person (B) who is a child under the age of 16 years; or
another person (C) under whose care, supervision or authority B is; and
A intends that the communication facilitate B engaging or being involved in the commission of a sexual offence by A or by another person who is 18 years of age or more.
A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
A does not intend to facilitate B engaging or being involved in the commission of a sexual offence by A or by another person who is 18 years of age or more if, were the conduct constituting the sexual offence to occur, A or the other person would satisfy an exception, or have a defence, to that sexual offence.
It is immaterial that some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria, so long as B or C was, or B and C were, in Victoria at the time at which that conduct occurred.
It is immaterial that B or C was, or B and C were, outside Victoria at the time at which some or all of the conduct constituting an offence against subsection (1) occurred, so long as A was in Victoria at the time that conduct occurred.
It is immaterial that A, B and C were all outside Victoria at the time at which some or all of the conduct constituting an offence against subsection (1) occurred, so long as A intended that the sexual offence would occur in Victoria.
In this section—
communication includes an electronic communication within the meaning of the Electronic Transactions (Victoria) Act 2000;
sexual offence means—
an offence against a provision of Subdivision (8A), this Subdivision (other than section 49K(1) or this section), (8C), (8D), (8E), (8F) or (8FA); or
an attempt to commit an offence covered by paragraph (a); or
an assault with intent to commit an offence referred to in paragraph (a).
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.