Section 6A — Suicide no longer a crime — Crimes Act 1958 (Victoria) — Barrister AI

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Section 6A — Suicide no longer a crime — Crimes Act 1958 (Victoria) — Barrister AI

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s 1Short title and commencement s 2Repeals and savings s 2ADefinitions s 2BOffences under this Act deemed to be indictable offencess 3Punishment for murder s 3AUnintentional killing in the course or furtherance of a crime of violence s 3BProvocation no longer a partial defence to murder s 4AManslaughter—single punch or strike taken to be dangerous act s 5Punishment of manslaughter s 5AChild homicide s 5BHomicide by firearm s 5CRelationship between manslaughter, child homicide and homicide by firearm s 6Infanticide s 6ASuicide no longer a crime s 6BSurvivor of suicide pact who kills deceased party is guilty of manslaughter s 8Petit treason s 9Provision for trial for murder or manslaughter in Victoria where death or cause of death only happens in Victoria s 9AAAbolition of year-and-a-day rule s 9ATreason s 15Definitions s 15ACausing serious injury intentionally in circumstances of gross violence s 15BCausing serious injury recklessly in circumstances of gross violence s 15COther offenders need not be prosecuted s 16Causing serious injury intentionally s 17Causing serious injury recklessly s 18Causing injury intentionally or recklessly s 19Offence to administer certain substances s 20Threats to kill s 21Threats to inflict serious injury s 21AStalking s 22Conduct endangering life s 23Conduct endangering persons s 24Negligently causing serious injury s 25Setting traps etc. to kill s 26Setting traps etc. to cause serious injury s 27Extortion with threat to kill s 28Extortion with threat to destroy property etc.s 29Using firearm to resist arrest etc.s 30Threatening injury to prevent arrest s 31Assaults s 31AUse of firearms in the commission of offences s 31BBeing armed with criminal intent s 31CDischarging a firearm reckless to safety of a police officer or a protective services officer s 31DIntimidation of a law enforcement officer or a family member of a law enforcement officer s 32Offence to perform female genital mutilation s 33Offence to take a person from the State with the intention of having prohibited female genital mutilation performed s 34Consent not a defence to a charge under sections 32 or 33 s 34AExceptions to offences under section 32 s 34ABDefinitions s 34ACGuiding principles s 34ADNon-fatal strangulation intentionally causing injury s 34AENon-fatal strangulation s 34AFSexual activity and consent defence to offence of non-fatal strangulation s 34AGSexual activity and consent defence—meaning of consent s 34AHSexual activity and consent defence—circumstances in which a person does not consent s 34AISexual activity and consent defence—reasonable belief in consent s 34AJSexual activity and consent defence—effect of intoxication on standard to be applied in determining reasonable belief s 34AKNo defence of mistaken but honest and reasonable belief regarding relationship s 34ALReview of amendments made by Crimes Amendment (Non-fatal Strangulation) Act 2023 s 34BSexual activity with the corpse of a human being s 34BARemoval of body parts from the corpse of a human being s 34BBOffensive conduct involving human remains s 34BCLocation of corpse or human remains immaterial s 34BDExceptions s 34BENo defence of mistaken but honest and reasonable belief that activity was not sexual or conduct was not offensive s 35Definitions s 35ASexual penetration s 35BTouching s 35CTaking part in a sexual act s 35DSexual activity s 36Consent s 36AACircumstances in which a person does not consent s 36AReasonable belief in consent s 36BEffect of intoxication on standard to be applied in determining reasonable belief s 37Care, supervision or authority s 37AObjectives of Subdivisions (8A) to (8G)s 37BGuiding principles s 38Rape s 39Rape by compelling sexual penetration s 40Sexual assault s 41Sexual assault by compelling sexual touching s 42Assault with intent to commit a sexual offence s 43Threat to commit a sexual offence s 44Procuring sexual act by threat s 45Procuring sexual act by fraud s 46Administration of an intoxicating substance for a sexual purpose s 47Abduction or detention for a sexual purpose s 48Sexual activity directed at another person s 48AExceptions—medical, hygienic, veterinary, agricultural or scientific purposes s 48BNo defence of mistaken but honest and reasonable belief that touching or activity was not sexual s 49ASexual penetration of a child under the age of 12 s 49BSexual penetration of a child under the age of 16 s 49CSexual penetration of a child aged 16 or 17 under care, supervision or authority s 49DSexual assault of a child under the age of 16 s 49ESexual assault of a child aged 16 or 17 under care, supervision or authority s 49FSexual activity in the presence of a child under the age of 16 s 49GSexual activity in the presence of a child aged 16 or 17 under care, supervision or authority s 49HCausing a child under the age of 16 to be present during sexual activity s 49ICausing a child aged 16 or 17 under care, supervision or authority to be present during sexual activity s 49JPersistent sexual abuse of a child under the age of 16 s 49KEncouraging a child under the age of 16 to engage in, or be involved in, sexual activity s 49LEncouraging a child aged 16 or 17 under care, supervision or authority to engage in, or be involved in, sexual activity s 49MGrooming for sexual conduct with a child under the age of 16 s 49NLoitering near schools etc. by sexual offender s 49OFailure by a person in authority to protect a child from a sexual offence s 49PAbduction or detention of a child under the age of 16 for a sexual purpose s 49QCausing or allowing a sexual performance involving a child s 49RInviting or offering a sexual performance involving a child s 49SFacilitating a sexual offence against a child s 49TException to sexual penetration offences—medical or hygienic purposes s 49UExceptions to offences against children under 16—similarity in age s 49VDefence to offence against a child under 16—similarity in age s 49WDefences to offences against children under 16—reasonable belief as to age s 49XDefences to offences against children aged 16 or 17 or under 18—reasonable belief as to age s 49YExceptions to offences against children aged 16 or 17—marriage or domestic partnership s 49ZDefences to offences against children aged 16 or 17—reasonable belief as to marriage or domestic partnership s 49ZADefences to offences against children aged 16 or 17—reasonable belief as to care, supervision or authority s 49ZBException to loitering offence s 49ZCNo defence of mistaken but honest and reasonable belief of certain matters s 50ADefinitions s 50BRebuttable presumption as to family relationship s 50CSexual penetration of a child or lineal descendant s 50DSexual penetration of a step-child s 50ESexual penetration of a parent, lineal ancestor or step-parent s 50FSexual penetration of a sibling or half‑sibling s 50GException—medical or hygienic purposes s 50HDefence—accused did not consent s 50IException to offences against section 50D s 50JExceptions to offences against section 50E s 50KConsent not a defence s 51ADefinitions s 51BInvolving a child in the production of child abuse material s 51CProducing child abuse material s 51DDistributing child abuse material s 51EAdministering a website used to deal with child abuse material s 1A manages membership of a website. A intends that the website be used by other persons to view child abuse material.s 51FEncouraging use of a website to deal with child abuse material s 51GPossession of child abuse material s 51HAccessing child abuse material s 51IAssisting a person to avoid apprehension s 2A provides information to B about how to delete electronic material that records information about B's identity.s 51JException—administration of the law s 51KException—classification s 51LDefence of artistic merit or public benefit s 51MExceptions applying to children s 51NDefence applying to children s 51ODefence—image of oneself s 51PDefence—accused not more than 2 years older than 16 or 17 year old child and acts with child's consent s 51QDefence—marriage or domestic partnership s 51RDefence—reasonable belief in marriage or domestic partnership s 51SDefence—reasonable steps to prevent use of a website for child abuse material s 51TDefence—unsolicited possession s 51UNo defence of mistaken but honest and reasonable belief that child abuse material not offensive s 51VUse of random sample evidence in child abuse material cases s 51WApplication for child abuse material disposal order s 51XChild abuse material disposal order s 51YDisposal of thing or material by consent s 52ADefinitions s 52BSexual penetration of a person with a cognitive impairment or mental illness s 52CSexual assault of a person with a cognitive impairment or mental illness s 52DSexual activity in the presence of a person with a cognitive impairment or mental illness s 52ECausing a person with a cognitive impairment or mental illness to be present during sexual activity s 52FExceptions to sexual penetration offence—medical, hygienic, veterinary, agricultural or scientific purposes s 52GException—marriage or domestic partnership s 52HDefence—reasonable belief in marriage or domestic partnership s 52IDefence—reasonable belief a person does not have a cognitive impairment or mental illness s 52KNo defence of mistaken but honest and reasonable belief of certain matters s 53ADefinitions s 53BUsing force, threat etc. to cause another person to provide commercial sexual services s 53CCausing another person to provide commercial sexual services in circumstances involving sexual servitude s 53DConducting a business in circumstances involving sexual servitude s 53EAggravated sexual servitude s 53FDeceptive recruiting for commercial sexual services s 53GAggravated deceptive recruiting for commercial sexual services s 53HCausing or inducing a child to take part in commercial sexual services s 53IObtaining a commercial benefit, payment or reward for commercial sexual services provided by a child s 53JAgreement for provision of commercial sexual services by a child s 53KAllowing a child to take part in commercial sexual services s 53LForcing a person into or to remain in commercial sexual service s 53MForcing a person to provide financial support out of commercial sexual services s 53NLiving on the earnings of a person providing unlawful commercial sexual services s 53ODefinitions s 53PMeaning of consent s 53QCircumstances in which a person does not consent s 53RProducing intimate image s 53SDistributing intimate image s 53TThreat to distribute intimate image s 53UCommunity standards of acceptable conduct s 53VNo defence of honest and reasonable mistake s 53WConsent of Director of Public Prosecutions required if accused is under 16 years of age s 53XApplication for intimate image disposal order s 53YNotice of application for intimate image disposal order and entitlement to appear s 53ZIntimate image disposal order s 53ZAAppeal against intimate image disposal order s 53ZBDisposal of thing or material by consent s 54ABestiality s 54BException—veterinary, agricultural or scientific research s 54CAbolition of common law offence of wilful exposure s 62Abrogation of obsolete rules of law s 63Child stealing s 63AKidnapping s 64Bigamy s 65Abortion performed by unqualified person s 66Abortion—Abolition of common law offences s 67Concealing birth of a child

Section Whole Act

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6A

Suicide no longer a crime

In force

Part I—Offences

Division 1—Offences against the person

6A Suicide no longer a crime

S. 6A inserted by No. 7546 s. 2.

The rule of law whereby it is a crime for a person to commit or to attempt to commit suicide is hereby abrogated.

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