Obtaining a commercial benefit, payment or reward for commercial sexual services provided by a child
53I Obtaining a commercial benefit, payment or reward for commercial sexual services provided by a child
S. 53I inserted by No. 7/2022 s. 42.
A person (A) must not receive a commercial benefit, or payment or reward (including the supply of a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981) knowing that it or any part of it has been derived, directly or indirectly, from commercial sexual services provided by a child (B).
Penalty: Level 4 imprisonment (15 years maximum).
In a proceeding for an offence against subsection (1), if it is proved that A was residing, at the time the offence is alleged to have been committed, with B, a child who provides commercial sexual services, A is presumed to be guilty of the offence in the absence of proof to the contrary.
In a proceeding for an offence against subsection (1)—
it is not necessary for the prosecution to prove that A knew that B was a child; and
it is a defence to the charge for A to prove that, having taken all reasonable steps to find out the age of B, A believed on reasonable grounds, at the time the offence is alleged to have been committed, that B was aged 18 years or more.
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