Procuring a Child Under 16 for Unlawful Sexual Activity

What the law states

Section 66EB of the Crimes Act 1900 (NSW) outlines the offence of procuring a child under 16 for unlawful sexual activity.

An adult is guilty of an offence if they procure a child for unlawful sexual activity. Procuring conduct includes talking on the phone or internet or other forms of communication, or providing a computer image or publication or video. 

Unlawful sexual activity includes:

• Sexual Servitude, which is defined by the Crimes Act 1900 (NSW) as commercial use of display of the body of the person providing the service for the sexual arousal/sexual gratification of others, however due to threats or use of force that person is not free to cease providing such sexual services or not free to leave the place where the person provides the sexual services.
• Child Prostitution, which is defined by the Act as any sexual service provided by a child for the payment of money or any other material thing and can be considered to be aimed at the sexual arousal or gratification of a person/persons other than the child.
• Child Pornography.

Defences

The defences to this offence include but are not limited to necessity and duress. Also if the accused honestly and reasonably believes that those who they are procuring are not children. Furthermore, the defence of consent is not available to procuring a child for unlawful sexual activity.

Penalties

The maximum penalties for procuring a child under 16 for unlawful sexual activity are as follows:

• For a child under 14: 15 years imprisonment.
• For any other child: 12 years imprisonment.

Although this offence attracts heavy maximum penalties, lesser penalties are always an option that the court may consider (such as good behaviour bonds, community service orders, suspended sentences or weekend detention). In the event that you plead or are found guilty, there may be factors that make it possible for the court to sentence you to a lesser penalty and our criminal lawyers are experienced at drawing this to the attention of the court.

How can Prime Lawyers help you?

If you have been charged with this offence, our experienced and knowledgeable criminal lawyers can help you. They will carefully examine the facts of you case and do all that they can to obtain the best result for you.