What the law states
Under s91D of the Crimes Act 1900 (NSW), a person who by any means, causes or induces a child to participate in an act of child prostitution or participates as a client with a child in an act of child prostitution is guilty of an offence.
Child prostitution is defined by the act as any sexual service, whether or not involving an indecent act, that is provided by a child (under the age of 18 years) for the payment of money or the provision of any other material thing (whether or not it is in fact paid or provided to the child or to any other person), and that can reasonably be considered to be aimed at the sexual arousal or sexual gratification of a person or persons other than the child, and includes (but is not limited to) sexual activity between persons of different sexes or the same sex, comprising sexual intercourse for payment or masturbation committed by one person on another for payment, engaged in by a child.
Sexual intercourse is defined by the Act as:
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the penetration to any extent of the genitalia of a female (including a surgically constructed vagina);
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the penetration to any extent of the anus of any person by any part of the body of another person;
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the penetration to any extent of the anus of any person or the genitalia of a female by any object manipulated by another person except for medical purposes;
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a sexual connection occasioned by the introduction of any part of the penis into the mouth of another person;
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cunnilingus (oral sex performed on the genitals of a female).
Defences
It is not a defence to this offence if the child consents to such behaviour. Defences which may be utilised include but are not limited to duress.
Penalties
Upon conviction, the maximum penalty is 10 years imprisonment for any child under 18 or 14 years for any child under the age of 14.
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.