What the law states
Under s91E of the Crimes Act 1900 (NSW), a person who receives money or any other material benefit knowing that it is derived directly or indirectly from 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
There is no offence if the person satisfies the court that the money or other material benefit concerned was received by the person for the lawful provision of goods and services, or was paid or provided in accordance with a judgment or an order of a court or a legislative requirement, whether or not under New South Wales law. Furthermore, defences to this offence include but are not limited to duress and necessity.
Penalties
Upon conviction, the maximum penalty for this offence is 10 years imprisonment for any child under 18 years of age, 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.