It is an offence for a person to encourage or procure a child to commit an indecent act.
It is also an offence to, for the person's own, or anothers, sexual gratification, to cause or persuade a child to expose any part of his or her body or to make a photographic, electronic or other record from which the image of a child engaged in a private act may be reproduced. A private act includes any sexual act, nudity or intimate bodily function.
Maximum penalty:
- basic offence: 10 years imprisonment
- aggravated offence*: 12 years imprisonment
[s 63B(1) of the Criminal Law Consolidation Act 1935 (SA)]
It is also an offence to procure a child or to make a communication with the intention of procuring a child to engage in sexual activity.
Maximum penalty:
- basic offence: 10 years imprisonment
- aggravated offence*: 12 years imprisonment
[s 63B(3) of the Criminal Law Consolidation Act 1935 (SA)]
It is a defence under these sections if the accused person (other than accused people in positions of authority) prove that:
- the child was 16 years or older; and
- the accused person was either under 17 years old or believed on reasonable grounds that the person was of or above 17 years old.
[s 63B(4) of the Criminal Law Consolidation Act 1935 (SA)]
* An aggravated offence, for the purpose of this offence, includes where the offender committed the offence knowing that the victim of the offence was aged under 14 at the time [see s 5AA(1)(e)]. It can also include other general aggravating factors as set out in s 5AA.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.
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