- Crimes Act 1900 No 40
- Status information
- Long title
- Part 1 Preliminary and interpretation
- Part 1A Geographical jurisdiction
- Part 2 Offences against the Sovereign
- Part 3 Offences against the person
- Division 1 Homicide
- 17 (Repealed)
- 17A Date of death
- 18 Murder and manslaughter defined
- 19 (Repealed)
- 19A Punishment for murder
- 19B Mandatory life sentences for murder of police officers
- 20 Child murder—when child deemed born alive
- 21 Child murder by mother—verdict of contributing to death etc
- 22 Trial for child murder—verdict of concealment of birth
- 22A Infanticide
- 23 Trial for murder—partial defence of extreme provocation
- 23A Substantial impairment by abnormality of mind
- 24 Manslaughter—punishment
- 25 (Repealed)
- 25A Assault causing death
- 25B Assault causing death when intoxicated—mandatory minimum sentence
- 25C Supply of drugs causing death
- Division 2 Conspiracy to murder
- Division 3 Attempts to murder
- Division 4 Documents containing threats
- Division 5 Suicide
- Division 6 Acts causing danger to life or bodily harm
- 32 Impeding endeavours to escape shipwreck
- 32A–32C (Repealed)
- 33 Wounding or grievous bodily harm with intent
- 33A Discharging firearm etc with intent
- 33B Use or possession of weapon to resist arrest etc
- 34 (Repealed)
- 35 Reckless grievous bodily harm or wounding
- 35A Causing dog to inflict grievous bodily harm or actual bodily harm
- 36 (Repealed)
- 37 Choking, suffocation and strangulation
- 38 Using intoxicating substance to commit an indictable offence
- 38A Spiking drink or food
- 39 Using poison etc to endanger life or inflict grievous bodily harm
- 40 (Repealed)
- 41 Using poison etc to injure or to cause distress or pain
- 41A Poisoning etc of water supply
- 42 Injuries to child at time of birth
- 43 Abandoning or exposing a child under 7 years
- 43A Failure of persons with parental responsibility to care for child
- 43B Failure to reduce or remove risk of child becoming victim of child abuse
- 44 Failure of persons to provide necessities of life
- 45 Prohibition of female genital mutilation
- 45A Removing person from State for female genital mutilation
- 46 Causing bodily injury by gunpowder etc
- 47 Using etc explosive substance or corrosive fluid etc
- 48 Causing explosives to be placed in or near building, conveyance or public place
- 49 Setting trap etc
- 49A Throwing rocks and other objects at vehicles and vessels
- 50, 51 (Repealed)
- 51A Predatory driving
- 51B Police pursuits
- 52 (Repealed)
- 52A Dangerous driving: substantive matters
- 52AA Dangerous driving: procedural matters
- 52AB Offence of failing to stop and assist after vehicle impact causing death or grievous bodily harm
- 52B Dangerous navigation: substantive matters
- 52BA Dangerous navigation: procedural matters
- 53 Injuries by furious driving etc
- 54 Causing grievous bodily harm
- Division 7 Possessing or making explosive etc with intent to injure the person
- Division 8 Assaults
- Division 8A Assaults and other actions against police and other law enforcement officers
- 60AA Meaning of “law enforcement officer”
- 60 Assault and other actions against police officers
- 60A Assault and other actions against law enforcement officers (other than police officers)
- 60B Actions against third parties connected with law enforcement officers
- 60C Obtaining of personal information about law enforcement officers
- Division 8B Assaults etc at schools
- Division 9 Common assaults
- Division 9A Defence of lawful correction
- Division 10 Sexual offences against adults and children
- Subdivision 1 Interpretation
- Subdivision 2 Sexual assault and assault with intent to have sexual intercourse
- Subdivision 3 Sexual touching
- Subdivision 4 Sexual act
- Subdivision 5 Children—sexual assault
- Subdivision 6 Children—sexual touching
- Subdivision 7 Children—sexual act
- Subdivision 8 Children—persistent sexual abuse
- Subdivision 9 Children—procurement and grooming
- Subdivision 10 Sexual offences—cognitive impairment
- Subdivision 11 Sexual offences—young person under special care
- Subdivision 12 Incest
- Subdivision 13 Bestiality
- Subdivision 14 Sexual assault by forced self-manipulation
- Subdivision 15 Miscellaneous
- Division 10A Sexual servitude
- Division 10B Incitement to commit sexual offence
- Division 11 Misconduct with regard to corpses
- Division 12 Termination of pregnancies by unqualified persons
- Division 13 Concealing birth of a child
- Division 13A
- Division 14 Kidnapping
- Division 14A Procuring for prostitution
- Division 15 Child prostitution
- Division 15A Child abuse material
- Division 15B Voyeurism and related offences
- Division 15C Recording and distributing intimate images
- Division 16 Bigamy
- Part 3A Offences relating to public order
- Division 1 Riot and affray
- Division 2 Explosives and firearms offences
- 93F Interpretation
- 93FA Possession, supply or making of explosives
- 93FB Possession of dangerous articles other than firearms
- 93G Causing danger with firearm or spear gun
- 93GA Firing at dwelling-houses or buildings
- 93H Trespassing with or dangerous use of firearm or spear gun
- 93I Possession of unregistered firearm in public place
- Division 3 Contamination of goods
- 93J Definitions of “contaminate” and “goods”
- 93K Contaminating goods with intent to cause public alarm or economic loss
- 93L Threatening to contaminate goods with intent to cause public alarm or economic loss
- 93M Making false statements concerning contamination of goods with intent to cause public alarm or economic loss
- 93N Aggravated circumstances—unwarranted demand
- 93O Aggravated circumstances—death or grievous bodily harm
- 93P Special provisions relating to geographical application of this Division
- Division 4 Bomb and other hoaxes
- Division 5 Criminal groups
- Division 6 Unlawful gambling
- Division 7 Consorting
- Division 8 Public threats or incitement of violence on grounds of race, religion, sexual orientation, gender identity or intersex or HIV/AIDS status
- Part 4 Stealing and similar offences
- Division 1 General
- Division 2 Robbery
- Division 3 Demanding property with intent to steal
- Division 4 Sacrilege and housebreaking
- 105A Definitions
- 106–108 (Repealed)
- 109 Breaking out of dwelling-house after committing, or entering with intent to commit, indictable offence
- 110 Breaking, entering and assaulting with intent to murder etc
- 111 Entering dwelling-house
- 112 Breaking etc into any house etc and committing serious indictable offence
- 113 Breaking etc into any house etc with intent to commit serious indictable offence
- 114 Being armed with intent to commit indictable offence
- 115 Being convicted offender armed with intent to commit indictable offence
- 115A Alternative verdicts
- Division 5 Larceny
- 116 All larcenies to be of same nature
- 117 Punishment for larceny
- 118 Intent to return property no defence
- 119 Verdict where several takings proved
- 120 Trial for larceny—verdict of embezzlement etc
- 121 Verdict of “larceny or receiving”
- 122 Verdict where persons indicted for joint larceny or receiving
- 123 Verdict of minor indictable offence
- 124 Fraudulent appropriation
- 125 Larceny by bailee
- 126 Stealing cattle or killing with intent to steal
- 127 Stealing or killing cattle—uncertainty as to sex or age not to entitle to acquittal
- 128 Trial for stealing cattle—verdict of stealing skins
- 129 Trial for killing cattle—verdict of stealing
- 130 Trial for stealing cattle—verdict of misdemeanour
- 131 Unlawfully using etc another person’s cattle
- 132 Stealing dogs
- 133 Taking money to restore dogs
- 134 Stealing, destroying etc valuable security
- 135 Stealing, destroying etc wills or codicils
- 136 Proviso to sections 134 and 135
- 137 Civil remedies not affected by conviction
- 138 Stealing, destroying etc records etc of any court or public office
- 139 Stealing etc metal, glass, wood etc fixed to house or land
- 140 Stealing etc trees etc in pleasure-grounds etc
- 141–147 (Repealed)
- 148 Stealing property in a dwelling-house
- 149 The same with menaces
- 150 Stealing goods in process of manufacture
- 151 Selling etc materials to be manufactured
- 152 Stealing from ship in port or on wharfs etc
- 153 Stealing from ship in distress or wrecked
- 154 Tenants etc stealing articles let to hire
- 154A Taking a conveyance without consent of owner
- 154AA (Repealed)
- 154B Stealing aircraft and unlawfully taking or exercising control of aircraft
- 154C Taking motor vehicle or vessel with assault or with occupant on board
- 154D Stealing firearms
- Division 5A Offences relating to theft of motor vehicles, vessels and trailers
- 154E Definitions
- 154F Stealing motor vehicle, vessel or trailer
- 154G Facilitating organised car, boat or trailer rebirthing activities
- 154H Making, using and interfering with unique identifiers
- 154I Possession of motor vehicle, vessel or trailer where unique identifier has been interfered with
- 154J Possession of identification plate not attached to motor vehicle or trailer
- Division 6 Embezzlement or larceny
- 155 Definition of clerk or servant
- 156 Larceny by clerks or servants
- 157 Embezzlement by clerks or servants
- 158 (Repealed)
- 159 Larceny by persons in Public Service
- 160 Embezzlement etc by persons in the Public Service
- 161 Proof of general deficiency in accounts
- 162 Larceny etc by joint owners
- 163 Trial for embezzlement—verdict of larceny
- 164–186 (Repealed)
- Division 16 Receivers
- 187 Term “stealing” in sections 188 and 189
- 188 Receiving stolen property where stealing a serious indictable offence
- 189 Receiving etc where principal guilty of minor indictable offence
- 189A Receiving etc goods stolen out of New South Wales
- 189B Prosecution under section 188 or 189 where property stolen in course of transmission
- 190 Receiving etc cattle unlawfully killed, or carcass etc
- 191 Uncertainty as to sex or age not to entitle to acquittal
- 192 Receiving material or tools intrusted for manufacture
- 192A Verdict where several persons are indicted for jointly receiving
- Part 4AA Fraud
- Part 4AB Identity offences
- Part 4AC Money laundering
- 193A Definitions
- 193B Money laundering
- 193C Dealing with property suspected of being proceeds of crime
- 193D Dealing with property that subsequently becomes an instrument of crime
- 193E Alternative verdicts
- 193F Proof of other offences not required
- 193FA Combining several contraventions in a single charge
- 193G Transitional provision
- Part 4ACA Cheating at gambling
- Part 4AD Criminal destruction and damage
- Division 1 Interpretation
- Division 2 Crimes against property generally
- 195 Destroying or damaging property
- 196 Destroying or damaging property with intent to injure a person
- 197 Dishonestly destroying or damaging property
- 198 Destroying or damaging property with intention of endangering life
- 199 Threatening to destroy or damage property
- 200 Possession etc of explosive or other article with intent to destroy or damage property
- Division 3 Crimes relating to particular kinds of property
- Division 4 Sabotage
- Division 5 Bushfires
- Part 4AE Offences relating to transport services
- Division 1 Offences relating to aircraft, vessels etc
- 204 Destruction of, or damage to, an aircraft or vessel with intent or reckless indifference
- 205 Prejudicing the safe operation of an aircraft or vessel
- 206 Assault etc on member of crew of aircraft or vessel
- 207 Placing etc dangerous articles on board an aircraft or vessel
- 208 Threatening to destroy etc an aircraft, vessel or vehicle
- 209 False information as to plan etc to prejudice the safety of an aircraft or vessel or persons on board an aircraft or vessel
- 210 Destroying, damaging etc an aid to navigation
- Division 2 Offences relating to railways etc
- Part 4A Corruptly receiving commissions and other corrupt practices
- 249A Definitions
- 249B Corrupt commissions or rewards
- 249C Misleading documents or statements used or made by agents
- 249D Corrupt inducements for advice
- 249E Corrupt benefits for trustees and others
- 249F Aiding, abetting etc
- 249G Repayment of value of gift etc
- 249H Disqualification for office
- 249I Dismissal of trivial case
- 249J Custom not a defence
- Part 4B Blackmail
- Part 5 Forgery
- Part 5A False and misleading information
- Part 6 Computer offences
- 308 General definitions
- 308A Meaning of access to data, modification of data and impairment of electronic communication
- 308B Meaning of unauthorised access, modification or impairment
- 308C Unauthorised access, modification or impairment with intent to commit serious indictable offence
- 308D Unauthorised modification of data with intent to cause impairment
- 308E Unauthorised impairment of electronic communication
- 308F Possession of data with intent to commit serious computer offence
- 308G Producing, supplying or obtaining data with intent to commit serious computer offence
- 308H Unauthorised access to or modification of restricted data held in computer (summary offence)
- 308I Unauthorised impairment of data held in computer disk, credit card or other device (summary offence)
- 309, 310 (Repealed)
- Part 6A Offences relating to escape from lawful custody
- Part 6B Terrorism
- Part 7 Public justice offences
- Division 1 Definitions
- Division 2 Interference with the administration of justice
- 314 False accusations etc
- 315 Hindering investigation etc
- 315A Threatening or intimidating victims or witnesses
- 316 Concealing serious indictable offence
- 316A Concealing child abuse offence
- 317 Tampering etc with evidence
- 318 Making or using false official instrument to pervert the course of justice
- 319 General offence of perverting the course of justice
- Division 3 Interference with judicial officers, witnesses, jurors etc
- 320 Extended meaning of “giving evidence”
- 321 Corruption of witnesses and jurors
- 322 Threatening or intimidating judges, witnesses, jurors etc
- 323 Influencing witnesses and jurors
- 324 Increased penalty if serious indictable offence involved
- 325 Preventing, obstructing or dissuading witness or juror from attending etc
- 326 Reprisals against judges, witnesses, jurors etc
- Division 4 Perjury, false statements etc
- 327 Offence of perjury
- 328 Perjury with intent to procure conviction or acquittal
- 329 Conviction for false swearing on indictment for perjury
- 330 False statement on oath not amounting to perjury
- 331 Contradictory statements on oath
- 332 Certain technical defects provided for
- 333 Subornation of perjury
- 334 General provisions applicable to perjury and false statement offences
- 335 False statements in evidence on commission
- 336 False entry on public register
- 337 False instruments issued by public officers
- 338 Restrictions on prosecutions for perjury
- 339 Application of Division to perjury under other Acts
- Division 5 Miscellaneous
- Part 8 (Repealed)
- Part 8A Attempts
- Part 9 Abettors and accessories
- 345 Principals in the second degree—how tried and punished
- 346 Accessories before the fact—how tried and punished
- 347 Accessories after the fact—how tried and punished
- 347A Wife may be accessory after fact to husband’s felony
- 348 Punishment of accessories after the fact to certain treason-related offences
- 349 Punishment of accessories after the fact to murder etc
- 350 Punishment of accessories after the fact to other serious indictable offences
- 351 Trial and punishment of abettors of minor indictable offences
- 351A Recruiting persons to engage in criminal activity
- 351B Aiders and abettors punishable as principals
- Part 10
- Parts 10A, 10B
- Part 11 Criminal responsibility—defences
- Division 1
- Division 2 Lawful authority or excuse
- Division 3 Self-defence
- 418 Self-defence—when available
- 419 Self-defence—onus of proof
- 420 Self-defence—not available if death inflicted to protect property or trespass to property
- 421 Self-defence—excessive force that inflicts death
- 422 Self-defence—response to lawful conduct
- 423 Offences to which Division applies
- 424–428 (Repealed)
- Part 11A Intoxication
- 428A Definitions
- 428B Offences of specific intent to which Part applies
- 428C Intoxication in relation to offences of specific intent
- 428D Intoxication in relation to other offences
- 428E Intoxication in relation to murder, manslaughter and assault causing death
- 428F Intoxication in relation to the reasonable person test
- 428G Intoxication and the actus reus of an offence
- 428H Abolition of common law relating to self-induced intoxication
- 428I Application of Part
- 428J–428YB (Repealed)
- Part 11B
- Part 12 Sentences
- Parts 13, 13A
- Part 13B Offences punishable by the Supreme Court in its summary jurisdiction
- Part 14
- Part 14A Miscellaneous offences
- Division 1 Larceny and similar summary offences
- 501 (Renumbered as sec 496)
- 502 Possession of skin etc of stolen cattle
- 503 Stealing dogs
- 504 Possessing stolen dog or skin
- 505 Stealing animals etc ordinarily kept in confinement
- 506 Stealing animals etc ordinarily kept in confinement—second offence
- 507 Possession of stolen animals etc
- 508 Possession of stolen animals etc—second offence
- 509 Restoration of such stolen animals etc
- 510 Setting engine for deer etc
- 511 (Repealed)
- 512 Taking fish in waters on private property
- 513 Stealing shrubs etc
- 514 (Repealed)
- 515 Stealing etc live or dead fence etc
- 516 (Repealed)
- 517 Unlawful possession of trees, fences etc
- 518 Stealing dead wood
- 519 (Repealed)
- 520 Stealing plants etc in gardens
- 521 Stealing plants etc not growing in gardens
- 521A Stealing of rock, stone etc
- 522 Possession of shipwrecked goods
- 523 Offering shipwrecked goods for sale
- 524 Seizure of such goods
- 525 Stealing or damaging books and other things in public library and other places
- 526 Term “Public Library”
- 526A–527B (Repealed)
- 527C Persons unlawfully in possession of property
- 528 (Repealed)
- Division 2 Other offences
- 529 Criminal defamation
- 530 Serious animal cruelty
- 531 Killing or seriously injuring animals used for law enforcement
- 532–545AB (Repealed)
- 545B Intimidation or annoyance by violence or otherwise
- 545C Knowingly joining or continuing in etc an unlawful assembly
- 545D (Repealed)
- 545E (Renumbered as section 93FB)
- 546 Abetting or procuring
- 546A (Repealed)
- 546B Convicted persons found with intent to commit offence
- 546C Resisting etc police
- 546D Impersonation of police officers
- 547–547A (Repealed)
- 547B Public mischief
- 547C Peeping or prying
- 547D Person apprehended carrying razor etc
- Division 3 General
- Parts 15, 15A
- Part 16 Miscellaneous enactments
- 563–573 (Repealed)
- 574 Prosecutions for blasphemy
- 574A (Repealed)
- 574B Prevention of suicide
- 575–578 (Repealed)
- 578A Prohibition of publication identifying victims of certain sexual offences
- 578B (Repealed)
- 578C Publishing indecent articles
- 578D (Repealed)
- 578E Offences relating to advertising or displaying products associated with sexual behaviour
- 579 Evidence of proceedings dealt with by way of recognizance after 15 years
- 580 Certain charges not to be brought at common law
- 580A Abolition of offence of being a common nightwalker
- 580B Abolition of offences of eavesdropping and being a common scold
- 580C Abolition of common law offences relating to brothels
- 580D Abolition of rule that husband and wife cannot be guilty of conspiracy
- 580E Abolition of distinction between felony and misdemeanour
- 580F Abolition of penal servitude
- 580G Abolition of imprisonment with light or hard labour
- 580H Abolition of common law offences and rules
- 581 Savings and transitional provisions
- 582 Regulations
- First Schedule (Repealed)
- Schedule 1A Former sexual offences
- Schedule 2 Application of Act
- Schedule 3 Abolished common law offences and rules
- Fourth–Ninth Schedules (Repealed)
- Schedule 10
- Schedule 11 Savings, transitional and other provisions
- Historical notes
Crimes Act 1900 No 40
Current
version
for 22 November 2019
to date
(accessed 1 March 2020 at 23:12)
Status information
Currency of version
Current version for 22 November 2019 to date (accessed 1 March 2020 at 23:12)
Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
The provisions displayed in this version of the legislation have all commenced. See
Historical Notes
Does not include amendments by—
Modern Slavery Act 2018 No 30 (not commenced)
Children’s Guardian Act 2019 No 25 (not commenced — to commence on 1.3.2020)
Modern Slavery Act 2018 No 30 (not commenced)
Children’s Guardian Act 2019 No 25 (not commenced — to commence on 1.3.2020)
See also—
Crimes Amendment (Zoe’s Law) Bill 2019 [Non-government Bill— Revd the Hon F J Nile, MLC]
Crimes Amendment (Zoe’s Law) Bill 2019 [Non-government Bill— Revd the Hon F J Nile, MLC]
Editorial note
The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.
The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.
This version has been updated.
Responsible Minister
Attorney General, and Minister for the Prevention of Domestic Violence
Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the
Interpretation Act 1987.