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Contents (1900 - 40)
Crimes Act 1900 No 40
Current version for 25 September 2017 to date (accessed 22 October 2017 at 22:32)
Part 3
Part 3 Offences against the person
Division 1 Homicide
17   (Repealed)
17A   Date of death
(1)  The rule of law that it is conclusively presumed that an injury was not the cause of death of a person if the person died after the expiration of the period of a year and a day after the date on which the person received the injury is abrogated.
(2)  This section does not apply in respect of an injury received before the commencement of this section.
18   Murder and manslaughter defined
(1) 
(a)  Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.
(b)  Every other punishable homicide shall be taken to be manslaughter.
(2) 
(a)  No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section.
(b)  No punishment or forfeiture shall be incurred by any person who kills another by misfortune only.
19   (Repealed)
19A   Punishment for murder
(1)  A person who commits the crime of murder is liable to imprisonment for life.
(2)  A person sentenced to imprisonment for life for the crime of murder is to serve that sentence for the term of the person’s natural life.
(3)  Nothing in this section affects the operation of section 21 (1) of the Crimes (Sentencing Procedure) Act 1999 (which authorises the passing of a lesser sentence than imprisonment for life).
(4)  This section applies to murder committed before or after the commencement of this section.
(5)  However, this section does not apply where committal proceedings (or proceedings by way of ex officio indictment) for the murder were instituted against the convicted person before the commencement of this section. In such a case, section 19 as in force before that commencement continues to apply.
(6)  Nothing in this section affects the prerogative of mercy.
19B   Mandatory life sentences for murder of police officers
(1)  A court is to impose a sentence of imprisonment for life for the murder of a police officer if the murder was committed:
(a)  while the police officer was executing his or her duty, or
(b)  as a consequence of, or in retaliation for, actions undertaken by that or any other police officer in the execution of his or her duty,
and if the person convicted of the murder:
(c)  knew or ought reasonably to have known that the person killed was a police officer, and
(d)  intended to kill the police officer or was engaged in criminal activity that risked serious harm to police officers.
(2)  A person sentenced to imprisonment for life under this section is to serve the sentence for the term of the person’s natural life.
(3)  This section does not apply to a person convicted of murder:
(a)  if the person was under the age of 18 years at the time the murder was committed, or
(b)  if the person had a significant cognitive impairment at that time (not being a temporary self-induced impairment).
(4)  If this section requires a person to be sentenced to imprisonment for life, nothing in section 21 (or any other provision) of the Crimes (Sentencing Procedure) Act 1999 or in any other Act or law authorises a court to impose a lesser or alternative sentence.
(5)  Nothing in this section affects the obligation of a court to impose a sentence of imprisonment for life on a person convicted of murder in accordance with section 61 of the Crimes (Sentencing Procedure) Act 1999.
(6)  Nothing in this section affects the prerogative of mercy.
(7)  This section applies to offences committed after the commencement of this section.
20   Child murder—when child deemed born alive
On the trial of a person for the murder of a child, such child shall be held to have been born alive if it has breathed, and has been wholly born into the world whether it has had an independent circulation or not.
21   Child murder by mother—verdict of contributing to death etc
Whosoever, being a woman delivered of a child is indicted for its murder, shall, if the jury acquit her of the murder, and specially find that she has in any manner wilfully contributed to the death of such child, whether during delivery, or at or after its birth, or has wilfully caused any violence, the mark of which has been found on its body, be liable to imprisonment for ten years.
22   Trial for child murder—verdict of concealment of birth
Where, on the trial of a person for the murder or manslaughter of a child, the jury are not satisfied that the person is guilty thereof, but are satisfied that the person is guilty of an offence within section 85, they may acquit the person of the offence charged and find the person guilty of an offence under the said section, and the person shall be liable to punishment accordingly.
22A   Infanticide
(1)  Where a woman by any wilful act or omission causes the death of her child, being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then, notwithstanding that the circumstances were such that but for this section the offence would have amounted to murder, she shall be guilty of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of such child.
(2)  Where upon the trial of a woman for the murder of her child, being a child under the age of twelve months, the jury are of opinion that she by any wilful act or omission caused its death, but that at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to such child or by reason of the effect of lactation consequent upon the birth of the child, then the jury may, notwithstanding that the circumstances were such that but for the provisions of this section they might have returned a verdict of murder, return in lieu thereof a verdict of infanticide, and the woman may be dealt with and punished as if she had been guilty of the offence of manslaughter of the said child.
(3)  Nothing in this section shall affect the power of the jury upon an indictment for the murder of a child to return a verdict of manslaughter or a verdict of not guilty on the ground of insanity, or a verdict of concealment of birth.
23   Trial for murder—partial defence of extreme provocation
(1)  If, on the trial of a person for murder, it appears that the act causing death was in response to extreme provocation and, but for this section and the provocation, the jury would have found the accused guilty of murder, the jury is to acquit the accused of murder and find the accused guilty of manslaughter.
(2)  An act is done in response to extreme provocation if and only if:
(a)  the act of the accused that causes death was in response to conduct of the deceased towards or affecting the accused, and
(b)  the conduct of the deceased was a serious indictable offence, and
(c)  the conduct of the deceased caused the accused to lose self-control, and
(d)  the conduct of the deceased could have caused an ordinary person to lose self-control to the extent of intending to kill or inflict grievous bodily harm on the deceased.
(3)  Conduct of the deceased does not constitute extreme provocation if:
(a)  the conduct was only a non-violent sexual advance to the accused, or
(b)  the accused incited the conduct in order to provide an excuse to use violence against the deceased.
(4)  Conduct of the deceased may constitute extreme provocation even if the conduct did not occur immediately before the act causing death.
(5)  For the purpose of determining whether an act causing death was in response to extreme provocation, evidence of self-induced intoxication of the accused (within the meaning of Part 11A) cannot be taken into account.
(6)  For the purpose of determining whether an act causing death was in response to extreme provocation, provocation is not negatived merely because the act causing death was done with intent to kill or inflict grievous bodily harm.
(7)  If, on the trial of a person for murder, there is any evidence that the act causing death was in response to extreme provocation, the onus is on the prosecution to prove beyond reasonable doubt that the act causing death was not in response to extreme provocation.
(8)  This section does not exclude or limit any defence to a charge of murder.
(9)  The substitution of this section by the Crimes Amendment (Provocation) Act 2014 does not apply to the trial of a person for murder that was allegedly committed before the commencement of that Act.
(10)  In this section:
act includes an omission to act.
23A   Substantial impairment by abnormality of mind
(1)  A person who would otherwise be guilty of murder is not to be convicted of murder if:
(a)  at the time of the acts or omissions causing the death concerned, the person’s capacity to understand events, or to judge whether the person’s actions were right or wrong, or to control himself or herself, was substantially impaired by an abnormality of mind arising from an underlying condition, and
(b)  the impairment was so substantial as to warrant liability for murder being reduced to manslaughter.
(2)  For the purposes of subsection (1) (b), evidence of an opinion that an impairment was so substantial as to warrant liability for murder being reduced to manslaughter is not admissible.
(3)  If a person was intoxicated at the time of the acts or omissions causing the death concerned, and the intoxication was self-induced intoxication (within the meaning of section 428A), the effects of that self-induced intoxication are to be disregarded for the purpose of determining whether the person is not liable to be convicted of murder by virtue of this section.
(4)  The onus is on the person accused to prove that he or she is not liable to be convicted of murder by virtue of this section.
(5)  A person who but for this section would be liable, whether as principal or accessory, to be convicted of murder is to be convicted of manslaughter instead.
(6)  The fact that a person is not liable to be convicted of murder in respect of a death by virtue of this section does not affect the question of whether any other person is liable to be convicted of murder in respect of that death.
(7)  If, on the trial of a person for murder, the person contends:
(a)  that the person is entitled to be acquitted on the ground that the person was mentally ill at the time of the acts or omissions causing the death concerned, or
(b)  that the person is not liable to be convicted of murder by virtue of this section,
evidence may be offered by the prosecution tending to prove the other of those contentions, and the Court may give directions as to the stage of the proceedings at which that evidence may be offered.
(8)  In this section:
underlying condition means a pre-existing mental or physiological condition, other than a condition of a transitory kind.
24   Manslaughter—punishment
Whosoever commits the crime of manslaughter shall be liable to imprisonment for 25 years:
Provided that, in any case, if the Judge is of the opinion that, having regard to all the circumstances, a nominal punishment would be sufficient, the Judge may discharge the jury from giving any verdict, and such discharge shall operate as an acquittal.
25   (Repealed)
25A   Assault causing death
(1)  A person is guilty of an offence under this subsection if:
(a)  the person assaults another person by intentionally hitting the other person with any part of the person’s body or with an object held by the person, and
(b)  the assault is not authorised or excused by law, and
(c)  the assault causes the death of the other person.
Maximum penalty: Imprisonment for 20 years.
(2)  A person who is of or above the age of 18 years is guilty of an offence under this subsection if the person commits an offence under subsection (1) when the person is intoxicated.
Maximum penalty: Imprisonment for 25 years.
(3)  For the purposes of this section, an assault causes the death of a person whether the person is killed as a result of the injuries received directly from the assault or from hitting the ground or an object as a consequence of the assault.
(4)  In proceedings for an offence under subsection (1) or (2), it is not necessary to prove that the death was reasonably foreseeable.
(5)  It is a defence in proceedings for an offence under subsection (2):
(a)  if the intoxication of the accused was not self-induced (within the meaning of Part 11A), or
(b)  if the accused had a significant cognitive impairment at the time the offence was alleged to have been committed (not being a temporary self-induced impairment).
(6)  In proceedings for an offence under subsection (2):
(a)  evidence may be given of the presence and concentration of any alcohol, drug or other substance in the accused’s breath, blood or urine at the time of the alleged offence as determined by an analysis carried out in accordance with Division 4 of Part 10 of the Law Enforcement (Powers and Responsibilities) Act 2002, and
(b)  the accused is conclusively presumed to be intoxicated by alcohol if the prosecution proves in accordance with an analysis carried out in accordance with that Division that there was present in the accused’s breath or blood a concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.
(7)  If on the trial of a person for murder or manslaughter the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence under subsection (1) or (2), the jury may acquit the person of murder or manslaughter and find the person guilty of an offence under subsection (1) or (2). The person is liable to punishment accordingly.
(8)  If on the trial of a person for an offence under subsection (2) the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence under subsection (1), the jury may acquit the person of the offence under subsection (2) and find the person guilty of an offence under subsection (1). The person is liable to punishment accordingly.
(9)  Section 18 does not apply to an offence under subsection (1) or (2).
(10)  In this section, cognitive impairment includes an intellectual disability, a developmental disorder (including an autistic spectrum disorder), a neurological disorder, dementia, a mental illness or a brain injury.
25B   Assault causing death when intoxicated—mandatory minimum sentence
(1)  A court is required to impose a sentence of imprisonment of not less than 8 years on a person guilty of an offence under section 25A (2). Any non-parole period for the sentence is also required to be not less than 8 years.
(2)  If this section requires a person to be sentenced to a minimum period of imprisonment, nothing in section 21 (or any other provision) of the Crimes (Sentencing Procedure) Act 1999 or in any other Act or law authorises a court to impose a lesser or no sentence (or to impose a lesser non-parole period).
(3)  Nothing in this section (apart from subsection (2)) affects the provisions of the Crimes (Sentencing Procedure) Act 1999 or any other Act or law relating to the sentencing of offenders.
(4)  Nothing in this section affects the prerogative of mercy.
Division 2 Conspiracy to murder
26   Conspiring to commit murder
Whosoever:
conspires and agrees to murder any person, whether a subject of Her Majesty or not, and whether within the Queen’s dominions or not, or
solicits, encourages, persuades, or endeavours to persuade, or proposes to, any person to commit any such murder,
shall be liable to imprisonment for 25 years.
Division 3 Attempts to murder
27   Acts done to the person with intent to murder
Whosoever:
administers to, or causes to be taken by, any person any poison, or other destructive thing, or
by any means wounds, or causes grievous bodily harm to any person,
with intent in any such case to commit murder,
shall be liable to imprisonment for 25 years.
28   Acts done to property with intent to murder
Whosoever:
sets fire to any vessel, or any chattel therein, or any part of her tackle apparel or furniture, or
casts away or destroys any vessel, or
by the explosion of gunpowder, or other explosive substance, destroys, or damages any building, or
places, or throws, any matter or thing upon or across a railway, or
removes, or displaces any sleeper, or other thing belonging to a railway,
with intent in any such case to commit murder,
shall be liable to imprisonment for 25 years.
29   Certain other attempts to murder
Whosoever:
attempts to administer to, or cause to be taken by, any person any poison, or other destructive thing, or
shoots at, or in any manner attempts to discharge any kind of loaded arms at any person, or
attempts to drown, suffocate, or strangle any person,
with intent in any such case to commit murder,
shall, whether any bodily injury is effected or not, be liable to imprisonment for 25 years.
30   Attempts to murder by other means
Whosoever, by any means other than those specified in sections 27 to 29 both inclusive, attempts to commit murder shall be liable to imprisonment for 25 years.
Division 4 Documents containing threats
31   Documents containing threats
(1)  A person who intentionally or recklessly, and knowing its contents, sends or delivers, or directly or indirectly causes to be received, any document threatening to kill or inflict bodily harm on any person is liable to imprisonment for 10 years.
(2)  It is immaterial for the purposes of an offence under this section whether or not a document sent or delivered is actually received, and whether or not the threat contained in a document sent, delivered or received is actually communicated to the person concerned or to the recipient or intended recipient of the document (as relevant in the circumstances).
Division 5 Suicide
31A   Suicide and attempt to commit suicide
The rule of law that it is a crime for a person to commit, or to attempt to commit, suicide is abrogated.
31B   Survivor of suicide pact
(1)  The survivor of a suicide pact shall not be guilty of murder or manslaughter but may be guilty of an offence under section 31C.
(2)  In this section, suicide pact means a common agreement between 2 or more persons having for its object the death of all of them, whether or not each is to take his or her own life, but nothing done by a person who enters into a suicide pact shall be treated as being done by the person in pursuance of the pact unless it is done while the person has the settled intention of dying in pursuance of the pact.
(3)  The onus of proving the existence of a suicide pact shall lie with the accused person on the balance of probabilities.
31C   Aiding etc suicide
(1)  A person who aids or abets the suicide or attempted suicide of another person shall be liable to imprisonment for 10 years.
(2)  Where:
(a)  a person incites or counsels another person to commit suicide, and
(b)  that other person commits, or attempts to commit, suicide as a consequence of that incitement or counsel,
the firstmentioned person shall be liable to imprisonment for 5 years.
Division 6 Acts causing danger to life or bodily harm
32   Impeding endeavours to escape shipwreck
Whosoever:
intentionally or recklessly prevents or impedes any person on board of, or having quitted, any ship or vessel in distress, or wrecked, stranded, or cast on shore, in his or her endeavour to save his or her life, or
intentionally or recklessly prevents or impedes any person in his or her endeavour to save the life of such first-mentioned person,
shall be liable to imprisonment for 25 years.
32A–32C   (Repealed)
33   Wounding or grievous bodily harm with intent
(1) Intent to cause grievous bodily harm A person who:
(a)  wounds any person, or
(b)  causes grievous bodily harm to any person,
with intent to cause grievous bodily harm to that or any other person is guilty of an offence.
Maximum penalty: Imprisonment for 25 years.
(2) Intent to resist arrest A person who:
(a)  wounds any person, or
(b)  causes grievous bodily harm to any person,
with intent to resist or prevent his or her (or another person’s) lawful arrest or detention is guilty of an offence.
Maximum penalty: Imprisonment for 25 years.
(3) Alternative verdict If on the trial of a person charged with an offence against this section the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against section 35, the jury may acquit the person of the offence charged and find the person guilty of an offence against section 35. The person is liable to punishment accordingly.
33A   Discharging firearm etc with intent
(1) Intent to cause grievous bodily harm A person who:
(a)  discharges any firearm or other loaded arms, or
(b)  attempts to discharge any firearm or other loaded arms,
with intent to cause grievous bodily harm to any person is guilty of an offence.
Maximum penalty: Imprisonment for 25 years.
(2) Intent to resist arrest etc A person who:
(a)  discharges any firearm or other loaded arms, or
(b)  attempts to discharge any firearm or other loaded arms,
with intent to resist or prevent his or her (or another person’s) lawful arrest or detention is guilty of an offence.
Maximum penalty: Imprisonment for 25 years.
33B   Use or possession of weapon to resist arrest etc
(1)  Any person who:
(a)  uses, attempts to use, threatens to use or possesses an offensive weapon or instrument, or
(b)  threatens injury to any person or property,
with intent to commit an indictable offence or with intent to prevent or hinder the lawful apprehension or detention either of himself or herself or any other person or to prevent or hinder a police officer from investigating any act or circumstance which reasonably calls for investigation by the officer is liable to imprisonment for 12 years.
(2)  A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 15 years.
34   (Repealed)
35   Reckless grievous bodily harm or wounding
(1) Reckless grievous bodily harm—in company A person who, in the company of another person or persons:
(a)  causes grievous bodily harm to any person, and
(b)  is reckless as to causing actual bodily harm to that or any other person,
is guilty of an offence.
Maximum penalty: Imprisonment for 14 years.
(2) Reckless grievous bodily harm A person who:
(a)  causes grievous bodily harm to any person, and
(b)  is reckless as to causing actual bodily harm to that or any other person,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(3) Reckless wounding—in company A person who, in the company of another person or persons:
(a)  wounds any person, and
(b)  is reckless as to causing actual bodily harm to that or any other person,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(4) Reckless wounding A person who:
(a)  wounds any person, and
(b)  is reckless as to causing actual bodily harm to that or any other person,
is guilty of an offence.
Maximum penalty: Imprisonment for 7 years.
(5) Alternative verdict If on the trial of a person charged with an offence against any subsection of this section the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against any other subsection of this section (that carries a lesser maximum penalty), the jury may acquit the person of the offence charged and find the person guilty of an offence against that other subsection. The person is liable to punishment accordingly.
35A   Causing dog to inflict grievous bodily harm or actual bodily harm
(1) Cause dog to inflict grievous bodily harm A person who:
(a)  has control of a dog, and
(b)  does any act that causes the dog to inflict grievous bodily harm on another person, and
(c)  is reckless as to the injury that may be caused to a person by the act,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(2) Cause dog to inflict actual bodily harm A person who:
(a)  has control of a dog, and
(b)  does any act that causes the dog to inflict actual bodily harm on another person, and
(c)  is reckless as to the injury that may be caused to a person by the act,
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(3) Alternative finding If, on the trial of a person for an offence under subsection (1), it appears that grievous bodily harm was not inflicted on the other person but that actual bodily harm was inflicted, the person may be found not guilty of the offence charged but guilty of an offence under subsection (2) and be liable to punishment accordingly.
(4) Doing an act includes omitting to do the act In this section, a reference to the doing of an act includes a reference to omitting to do the act.
36   (Repealed)
37   Choking, suffocation and strangulation
(1)  A person is guilty of an offence if the person:
(a)  intentionally chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and
(b)  is reckless as to rendering the other person unconscious, insensible or incapable of resistance.
Maximum penalty: imprisonment for 10 years.
(2)  A person is guilty of an offence if the person:
(a)  chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and
(b)  does so with the intention of enabling himself or herself to commit, or assisting any other person to commit, another indictable offence.
Maximum penalty: imprisonment for 25 years.
(3)  In this section:
another indictable offence means an indictable offence other than an offence against this section.
38   Using intoxicating substance to commit an indictable offence
A person who:
(a)  administers an intoxicating substance to another person, or
(b)  causes another person to take an intoxicating substance,
with intent to enable himself or herself, or to assist a third person, to commit an indictable offence is guilty of an offence.
Maximum penalty: Imprisonment for 25 years.
38A   Spiking drink or food
(1)  In this section:
harm includes an impairment of the senses or understanding of a person that the person might reasonably be expected to object to in the circumstances.
impair includes further impair.
(2)  A person:
(a)  who causes another person to be given or to consume drink or food:
(i)  containing an intoxicating substance that the other person is not aware it contains, or
(ii)  containing more of an intoxicating substance than the other person would reasonably expect it to contain, and
(b)  who intends a person to be harmed by the consumption of the drink or food,
is guilty of an offence.
Maximum penalty: Imprisonment for 2 years or 100 penalty units, or both.
(3)  For the purposes of this section, giving a person drink or food includes preparing the drink or food for the person or making it available for consumption by the person.
(4)  A person does not commit an offence against this section if the person has reasonable cause to believe that each person who was likely to consume the drink or food would not have objected to consuming the drink or food if the person had been aware of the presence and quantity of the intoxicating substance in the drink or food.
(5)  A person who uses an intoxicating substance in the course of any medical, dental or other health professional practice does not commit an offence against this section.
(6)  An offence against this section is a summary offence.
39   Using poison etc to endanger life or inflict grievous bodily harm
(1)  A person is guilty of an offence if:
(a)  the person administers to another person, or causes another person to take, any poison, intoxicating substance or other destructive or noxious thing, and
(b)  the poison, intoxicating substance or other thing endangers the life of, or inflicts grievous bodily harm on, the other person, and
(c)  the person intends to injure, or is reckless about injuring, the other person.
Maximum penalty: Imprisonment for 10 years.
(2)  If on the trial of a person charged with an offence against this section the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against section 41 or 41A, the jury may acquit the person of the offence charged and find the person guilty of an offence against section 41 or 41A. The person is liable to punishment accordingly.
40   (Repealed)
41   Using poison etc to injure or to cause distress or pain
A person is guilty of an offence if:
(a)  the person administers to another person, or causes another person to take, any poison, intoxicating substance or other destructive or noxious thing, and
(b)  the person intends to injure, or to cause distress or pain to, the other person.
Maximum penalty: Imprisonment for 5 years.
41A   Poisoning etc of water supply
A person is guilty of an offence if:
(a)  the person introduces any poison or other destructive or noxious thing into a supply of water, and
(b)  the person intends to injure any person or persons.
Maximum penalty: Imprisonment for 5 years.
42   Injuries to child at time of birth
Whosoever, during or after the delivery of a child, intentionally or recklessly inflicts on such child, whether then wholly born or not, any grievous bodily harm, shall be liable to imprisonment for fourteen years.
43   Abandoning or exposing a child under 7 years
A person who, without reasonable excuse, intentionally abandons or exposes a child under 7 years of age is guilty of an offence if it causes a danger of death or of serious injury to the child.
Maximum penalty: Imprisonment for 5 years.
43A   Failure of persons with parental responsibility to care for child
(1)  In this section:
child means a child under 16 years of age.
parental responsibility means the duties, powers, responsibilities and authority in respect of a child that, by law, parents have in relation to their children.
(2)  A person:
(a)  who has parental responsibility for a child, and
(b)  who, without reasonable excuse, intentionally or recklessly fails to provide the child with the necessities of life,
is guilty of an offence if the failure causes a danger of death or of serious injury to the child.
Maximum penalty: Imprisonment for 5 years.
44   Failure of persons to provide necessities of life
(1)  A person:
(a)  who is under a legal duty to provide another person with the necessities of life, and
(b)  who, without reasonable excuse, intentionally or recklessly fails to provide that person with the necessities of life,
is guilty of an offence if the failure causes a danger of death or causes serious injury, or the likelihood of serious injury, to that person.
Maximum penalty: Imprisonment for 5 years.
(2)  A person cannot be found guilty of both an offence against section 43A and an offence against this section in respect of the same act or omission.
45   Prohibition of female genital mutilation
(1)  A person who:
(a)  excises, infibulates or otherwise mutilates the whole or any part of the labia majora or labia minora or clitoris of another person, or
(b)  aids, abets, counsels or procures a person to perform any of those acts on another person,
is liable to imprisonment for 21 years.
(2)    (Repealed)
(3)  It is not an offence against this section to perform a surgical operation if that operation:
(a)  is necessary for the health of the person on whom it is performed and is performed by a medical practitioner, or
(b)  is performed on a person in labour or who has just given birth, and for medical purposes connected with that labour or birth, by a medical practitioner or authorised professional, or
(c)  is a sexual reassignment procedure and is performed by a medical practitioner.
(4)  In determining whether an operation is necessary for the health of a person only matters relevant to the medical welfare of the person are to be taken into account.
(5)  It is not a defence to a charge under this section that the person mutilated by or because of the acts alleged to have been committed consented to the acts.
(6)  This section applies only to acts occurring after the commencement of the section.
(7)  In this section:
authorised professional means:
(a)  a registered midwife, or
(b)  a midwifery student, or
(c)  in relation to an operation performed in a place outside Australia—a person authorised to practise midwifery by a body established under the law of that place having functions similar to the functions of the Nursing and Midwifery Board of Australia, or
(d)  a medical student.
medical practitioner, in relation to an operation performed in a place outside Australia, includes a person authorised to practise medicine by a body established under the law of that place having functions similar to the Medical Board of Australia.
medical student means:
(a)  a person registered as a student in the medical profession under the Health Practitioner Regulation National Law, or
(b)  in relation to an operation performed in a place outside Australia—a person undergoing a course of training with a view to being authorised to be a medical practitioner in that place.
midwifery student means:
(a)  a person registered as a student in the nursing and midwifery profession under the Health Practitioner Regulation National Law, or
(b)  in relation to an operation performed in a place outside Australia—a person undergoing a course of training with a view to being authorised to be a midwife practitioner in that place.
sexual reassignment procedure means a surgical procedure to alter the genital appearance of a person to the appearance (as nearly as practicable) of the opposite sex to the sex of the person.
45A   Removing person from State for female genital mutilation
(1)  A person is guilty of an offence if the person takes another person from the State, or arranges for another person to be taken from the State, with the intention of having female genital mutilation performed on the other person.
Maximum penalty: imprisonment for 21 years.
(2)  In proceedings for an offence under subsection (1) and in the absence of proof to the contrary, it is to be presumed that the accused took another person, or arranged for another person to be taken, from the State with the intention of female genital mutilation being performed on the other person if it is proved that:
(a)  the accused took the person, or arranged for the person to be taken, from the State, and
(b)  female genital mutilation was performed on the person while outside the State.
(3)  It is not a defence to a charge under this section that the person taken from the State consented to being so taken.
(4)  In this section:
female genital mutilation means an act referred to in section 45 (1) (a), the performance of which would be an offence against that section if performed in the State.
46   Causing bodily injury by gunpowder etc
Whosoever intentionally or recklessly by the explosion of gunpowder or other substance, or the use of any corrosive fluid, or destructive matter, burns maims disfigures disables, or does grievous bodily harm to, any person, shall be liable to imprisonment for 25 years.
47   Using etc explosive substance or corrosive fluid etc
Whosoever:
causes any gunpowder or other explosive substance to explode, or
sends, or delivers to, or causes to be taken, or received by, any person, any explosive substance, or other dangerous or noxious thing, or
puts or lays at any place, or casts or throws at, or upon, or otherwise applies to, any person, any corrosive fluid or any destructive or explosive substance (including petrol),
with intent in any such case to burn maim disfigure disable, or do grievous bodily harm to, any person,
shall, whether bodily injury is effected or not, be liable to imprisonment for 25 years.
48   Causing explosives to be placed in or near building, conveyance or public place
(1)  A person who causes an explosive to be placed in or near:
(a)  a building, or
(b)  a vehicle, vessel, train or other conveyance, or
(c)  a public place,
with the intention of causing bodily harm to any person, is guilty of an offence.
Maximum penalty: Imprisonment for 14 years.
(2)  A person commits an offence under this section whether or not:
(a)  any explosion occurs, or
(b)  any bodily harm is caused.
49   Setting trap etc
(1)  Any person who:
(a)  places or sets, or causes to be placed or set, any trap, device or thing (whether its nature be electronic, electric, mechanical, chemical or otherwise) capable of destroying human life or inflicting grievous bodily harm on any person, or
(b)  knowingly permits any such trap, device or thing to continue to be placed or set,
with intent to inflict grievous bodily harm shall be liable to imprisonment for five years.
(2)  Nothing in subsection (1) shall extend to any gin or trap, placed with the intention of destroying vermin, or to any trap, device or thing placed in a dwelling-house for the protection thereof.
49A   Throwing rocks and other objects at vehicles and vessels
(1)  A person is guilty of an offence if:
(a)  the person intentionally throws an object at, or drops an object on or towards, a vehicle or vessel that is on any road, railway or navigable waters, and
(b)  there is a person in the vehicle or vessel, and
(c)  the conduct risks the safety of any person.
Maximum penalty: Imprisonment for 5 years.
(2)  This section extends to a vehicle or vessel that is stationary at the time that the object is thrown or dropped.
(3)  In the prosecution of an offence under this section, it is not necessary to prove:
(a)  that the accused was aware that his or her conduct risked the safety of any person, or
(b)  that the object made contact with the vehicle or vessel.
(4)  In this section:
road means a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013.
throw includes propel.
vehicle includes:
(a)  a motor vehicle, and
(b)  a train or tram, and
(c)  a bicycle, and
(d)  a vehicle drawn by an animal or an animal ridden by a person.
50, 51   (Repealed)
51A   Predatory driving
(1)  The driver of a vehicle who, while in pursuit of or travelling near another vehicle:
(a)  engages in a course of conduct that causes or threatens an impact involving the other vehicle, and
(b)  intends by that course of conduct to cause a person in the other vehicle actual bodily harm,
is guilty of an offence and liable to imprisonment for 5 years.
(2)  This section does not take away the liability of any person to be prosecuted for or found guilty of an offence under this Act or of any other offence, or affect the punishment that may be imposed for any such offence. However, a person who:
(a)  has been convicted or acquitted of an offence under this section cannot be prosecuted for any other offence under this Act on the same, or substantially the same, facts, or
(b)  has been convicted or acquitted of any other offence under this Act cannot be prosecuted for an offence under this section on the same, or substantially the same, facts.
(3)  In this section:
impact involving a vehicle includes:
(a)  an impact with any other vehicle or with a person or object, or
(b)  the vehicle overturning or leaving a road.
vehicle has the same meaning it has in section 52A.
51B   Police pursuits
(1)  The driver of a vehicle:
(a)  who knows, ought reasonably to know or has reasonable grounds to suspect that police officers are in pursuit of the vehicle and that the driver is required to stop the vehicle, and
(b)  who does not stop the vehicle, and
(c)  who then drives the vehicle recklessly or at a speed or in a manner dangerous to others,
is guilty of an offence.
Maximum penalty:
(a)  in the case of a first offence—imprisonment for 3 years, or
(b)  in the case of an offence on a second or subsequent occasion—imprisonment for 5 years.
(2)  In this section, vehicle has the same meaning as it has in section 52A.
52   (Repealed)
52A   Dangerous driving: substantive matters
(1) Dangerous driving occasioning death A person is guilty of the offence of dangerous driving occasioning death if the vehicle driven by the person is involved in an impact occasioning the death of another person and the driver was, at the time of the impact, driving the vehicle:
(a)  under the influence of intoxicating liquor or of a drug, or
(b)  at a speed dangerous to another person or persons, or
(c)  in a manner dangerous to another person or persons.
A person convicted of an offence under this subsection is liable to imprisonment for 10 years.
(2) Aggravated dangerous driving occasioning death A person is guilty of the offence of aggravated dangerous driving occasioning death if the person commits the offence of dangerous driving occasioning death in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.
(3) Dangerous driving occasioning grievous bodily harm A person is guilty of the offence of dangerous driving occasioning grievous bodily harm if the vehicle driven by the person is involved in an impact occasioning grievous bodily harm to another person and the driver was, at the time of the impact, driving the vehicle:
(a)  under the influence of intoxicating liquor or of a drug, or
(b)  at a speed dangerous to another person or persons, or
(c)  in a manner dangerous to another person or persons.
A person convicted of an offence under this subsection is liable to imprisonment for 7 years.
(4) Aggravated dangerous driving occasioning grievous bodily harm A person is guilty of the offence of aggravated dangerous driving occasioning grievous bodily harm if the person commits the offence of dangerous driving occasioning grievous bodily harm in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 11 years.
(5) When vehicle is involved in impact—generally For the purposes of this section, the circumstances in which a vehicle is involved in an impact occasioning the death of, or grievous bodily harm to, a person include if the death or harm is occasioned through any of the following:
(a)  the vehicle overturning or leaving a road while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise),
(b)  an impact between any object and the vehicle while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise),
(c)  an impact between the person and the vehicle,
(d)  the impact of the vehicle with another vehicle or an object in, on or near which the person is at the time of the impact,
(e)  an impact with anything on, or attached to, the vehicle,
(f)  an impact with anything that is in motion through falling from the vehicle,
(g)  the person falling from the vehicle, or being thrown or ejected from the vehicle, while being conveyed in or on the vehicle (whether as a passenger or otherwise),
(h)  an impact between any object (including the ground) and the person, as a consequence of the person (or any part of the person) being or protruding outside the vehicle, while the person is being conveyed in or on the vehicle (whether as a passenger or otherwise).
(6) When vehicle is involved in causing other impacts For the purposes of this section, a vehicle is also involved in an impact occasioning the death of, or grievous bodily harm to, a person if:
(a)  the death or harm is occasioned through the vehicle causing an impact between other vehicles or between another vehicle and any object or person or causing another vehicle to overturn or leave a road, and
(b)  the prosecution proves that the vehicle caused the impact.
(7) Circumstances of aggravation In this section, circumstances of aggravation means any circumstances at the time of the impact occasioning death or grievous bodily harm in which:
(a)  the prescribed concentration of alcohol was present in the accused’s breath or blood, or
(b)  the accused was driving the vehicle concerned on a road at a speed that exceeded, by more than 45 kilometres per hour, the speed limit (if any) applicable to that length of road, or
(c)  the accused was driving the vehicle to escape pursuit by a police officer, or
(d)  the accused’s ability to drive was very substantially impaired by the fact that the accused was under the influence of a drug (other than intoxicating liquor) or a combination of drugs (whether or not intoxicating liquor was part of that combination).
(8) Defences It is a defence to any charge under this section if the death or grievous bodily harm occasioned by the impact was not in any way attributable (as relevant):
(a)  to the fact that the person charged was under the influence of intoxicating liquor or of a drug or a combination of drugs, or
(b)  to the speed at which the vehicle was driven, or
(c)  to the manner in which the vehicle was driven.
(9) Definitions In this section:
drug has the same meaning as it has in the Road Transport Act 2013.
object includes an animal, building, structure, earthwork, embankment, gutter, stormwater channel, drain, bridge, culvert, median strip, post or tree.
prescribed concentration of alcohol means a concentration of 0.15 grammes or more of alcohol in 210 litres of breath or 100 millilitres of blood.
road means:
(a)  a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road or road related area that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act), or
(b)  any other place.
vehicle means:
(a)  any motor car, motor carriage, motor cycle or other vehicle propelled wholly or partly by volatile spirit, steam, gas, oil, electricity, or by any other means other than human or animal power, or
(b)  a horse-drawn vehicle,
whether or not it is adapted for road use, but does not mean a vehicle used on a railway or tramway.
52AA   Dangerous driving: procedural matters
(1) Presumption as to intoxication For the purposes of section 52A, the accused is conclusively presumed to be under the influence of liquor if the prosecution proves that the prescribed concentration of alcohol was present in the accused’s breath or blood at the time of the impact occasioning death or grievous bodily harm.
(2) Evidence of intoxication—alcohol For the purposes of section 52A, evidence may be given of the concentration of alcohol present in the accused’s blood at the time of the impact occasioning death or grievous bodily harm as determined by a blood analysis carried out in accordance with Part 4 of Schedule 3 to the Road Transport Act 2013.
(3) Time of intoxication A concentration of alcohol determined by the means referred to in subsection (2) is taken to be the concentration of alcohol in the accused’s blood at the time of the impact occasioning death or grievous bodily harm:
(a)  if the blood sample that was analysed was taken within 2 hours after the impact, and
(b)  unless the accused proves that the concentration of alcohol in the accused’s blood at the time of the impact was less than the prescribed concentration of alcohol.
(3A) Evidence of intoxication—drugs For the purposes of section 52A, evidence may be given of the concentration of a drug (other than alcohol) present in the accused’s blood or urine at the time of the impact occasioning death or grievous bodily harm as determined by a blood or urine analysis carried out in accordance with Part 4 of Schedule 3 to the Road Transport Act 2013.
(3B) Time of intoxication A concentration of a drug (other than alcohol) determined by the means referred to in subsection (3A) is taken to be the concentration of the drug in the accused’s blood or urine at the time of the impact occasioning death or grievous bodily harm:
(a)  if the blood or urine sample that was analysed was taken within 4 hours after the impact, and
(b)  unless the accused proves that there was no such drug in the accused’s blood or urine at the time of the impact.
(4) Alternative verdicts If on the trial of a person who is indicted for murder or manslaughter or for an offence under section 53 or 54 the jury is satisfied that the person is guilty of an offence under section 52A, it may find the accused guilty of the offence under section 52A, and the accused is liable to punishment accordingly.
(5) Question of aggravation If on the trial of a person for an offence under section 52A (2) or (4) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 52A (1) or (3), it may find that the accused is guilty of the offence under section 52A (1) or (3), and the accused is liable to punishment accordingly.
(6) Double jeopardy This section does not take away the liability of any person to be prosecuted for or found guilty of murder, manslaughter or any other offence or affect the punishment that may be imposed for any such offence. However, a person who:
(a)  has been convicted or acquitted of an offence under section 52A cannot be prosecuted for murder or manslaughter or for any other offence under this Act on the same, or substantially the same, facts, or
(b)  has been convicted or acquitted of murder or manslaughter or of any other offence under this Act cannot be prosecuted for an offence under section 52A on the same, or substantially the same, facts.
(7) Definitions In this section:
prescribed concentration of alcohol means a concentration of 0.15 grammes or more of alcohol in 210 litres of breath or 100 millilitres of blood.
52AB   Offence of failing to stop and assist after vehicle impact causing death or grievous bodily harm
(1)  A person is guilty of an offence if:
(a)  a vehicle being driven by the person is involved in an impact occasioning the death of another person, and
(b)  the person knows, or ought reasonably to know, that the vehicle has been involved in an impact occasioning the death of, or grievous bodily harm to, another person, and
(c)  the person fails to stop and give any assistance that may be necessary and that it is in his or her power to give.
Maximum penalty: imprisonment for 10 years.
(2)  A person is guilty of an offence if:
(a)  a vehicle being driven by the person is involved in an impact occasioning grievous bodily harm to another person, and
(b)  the person knows, or ought reasonably to know, that the vehicle has been involved in an impact occasioning the death of, or grievous bodily harm to, another person, and
(c)  the person fails to stop and give any assistance that may be necessary and that it is in his or her power to give.
Maximum penalty: imprisonment for 7 years.
(3)  The provisions of section 52A (5) and (6) (which prescribe circumstances in which a vehicle is taken to be involved in an impact) apply for the purposes of this section in the same way as they apply for the purposes of section 52A.
(4)  In this section, vehicle has the same meaning as it has in section 52A.
52B   Dangerous navigation: substantive matters
(1) Dangerous navigation occasioning death A person is guilty of the offence of dangerous navigation occasioning death if the vessel navigated by the person is involved in an impact occasioning the death of another person and the person navigating the vessel was, at the time of the impact, navigating the vessel:
(a)  under the influence of intoxicating liquor or of a drug, or
(b)  at a speed dangerous to another person or persons, or
(c)  in a manner dangerous to another person or persons.
A person convicted of an offence under this subsection is liable to imprisonment for 10 years.
(2) Aggravated dangerous navigation occasioning death A person is guilty of the offence of aggravated dangerous navigation occasioning death if the person commits the offence of dangerous navigation occasioning death in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.
(3) Dangerous navigation causing grievous bodily harm A person is guilty of the offence of dangerous navigation causing grievous bodily harm if the vessel navigated by the person is involved in an impact occasioning grievous bodily harm to another person and the person navigating the vessel was, at the time of the impact, navigating the vessel:
(a)  under the influence of intoxicating liquor or of a drug, or
(b)  at a speed dangerous to another person or persons, or
(c)  in a manner dangerous to another person or persons.
A person convicted of an offence under this subsection is liable to imprisonment for 7 years.
(4) Aggravated dangerous navigation occasioning grievous bodily harm A person is guilty of the offence of aggravated dangerous navigation occasioning grievous bodily harm if the person commits the offence of dangerous navigation occasioning grievous bodily harm in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 11 years.
(5) When vessel is involved in impact—generally For the purposes of this section, the circumstances in which a vessel is involved in an impact occasioning the death of, or grievous bodily harm to, a person include if the death or harm is occasioned through any of the following:
(a)  the vessel overturning or running aground while the person is being conveyed in or on the vessel (whether as a passenger or otherwise),
(b)  an impact between any object and the vessel while the person is being conveyed in or on that vessel (whether as a passenger or otherwise),
(c)  an impact between the person and the vessel,
(d)  the impact of the vessel with another vessel or an object in, on or near which the person is at the time of the impact,
(e)  an impact with anything on, or attached to, the vessel,
(f)  an impact with anything that was in motion through falling from the vessel,
(g)  the person falling from the vessel, or being thrown or ejected from the vessel, while being conveyed in or on the vessel (whether as a passenger or otherwise),
(h)  an impact between any object (including the water and the ground) and the person, as a consequence of the person (or any part of the person) being or protruding outside the vessel, while the person is being conveyed in or on the vessel (whether as a passenger or otherwise).
(6) When vessel is involved in causing other impacts For the purposes of this section, a vessel is also involved in an impact occasioning the death of, or grievous bodily harm to, a person if the death or harm is occasioned through the vessel causing an impact between other vessels or between another vessel and any object or person or causing another vessel to overturn or run aground.
(7) Circumstances of aggravation In this section, circumstances of aggravation means any circumstances at the time of the impact occasioning death or grievous bodily harm in which:
(a)  the prescribed concentration of alcohol was present in the accused’s breath or blood, or
(b)  the accused was navigating the vessel at a speed that exceeds the speed limit (if any) applicable to the person navigating the vessel, or to the navigable waters, on which the vessel was navigated at the time of the impact, or
(c)  the accused was navigating the vessel in an attempt to escape pursuit by a police officer, or
(d)  the accused’s ability to navigate was very substantially impaired by the fact that the accused was under the influence of a drug (other than intoxicating liquor) or a combination of drugs (whether or not intoxicating liquor was part of that combination).
(8) Defences It is a defence to any charge under this section if the death or grievous bodily harm occasioned by the impact was not in any way attributable (as relevant):
(a)  to the fact that the person charged was under the influence of intoxicating liquor or of a drug or a combination of drugs, or
(b)  to the speed at which the vessel was navigated, or
(c)  to the manner in which the vessel was navigated.
(9) Definitions In this section:
drug has the same meaning as it has in the Road Transport Act 2013.
object includes a pier, wharf, jetty, pontoon, buoy, breakwater, bridge, support, mooring post or platform, navigation aid, retaining wall, marina, boatshed, slipway or swimming enclosure.
prescribed concentration of alcohol means a concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.
vessel means a vessel within the meaning of the Marine Safety Act 1998.
52BA   Dangerous navigation: procedural matters
(1) Presumption as to intoxication For the purposes of section 52B, the accused is conclusively presumed to be under the influence of liquor if the prosecution proves that the prescribed concentration of alcohol was present in the accused’s breath or blood at the time of the impact occasioning death or grievous bodily harm.
(2) Evidence of intoxication For the purposes of section 52B, evidence may be given of the concentration of alcohol present in the accused’s blood at the time of the impact occasioning death or grievous bodily harm as determined by a blood analysis carried out in accordance with Schedule 1 to the Marine Safety Act 1998.
(3) Time of intoxication A concentration of alcohol determined by the means referred to in subsection (2) is taken to be the concentration of alcohol in the accused’s blood at the time of the impact occasioning death or grievous bodily harm:
(a)  if the blood sample that was analysed was taken within 2 hours after the impact, and
(b)  unless the accused proves that the concentration of alcohol in the accused’s blood at that time was less than the prescribed concentration of alcohol.
(4) Alternative verdicts If on the trial of a person who is indicted for murder or manslaughter or for an offence under section 54 the jury is satisfied that the person is guilty of an offence under section 52B, it may find the accused guilty of the offence under section 52B, and the accused is liable to punishment accordingly.
(5) Question of aggravation If on the trial of a person for an offence under section 52B (2) or (4) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 52B (1) or (3), it may find that the accused is guilty of the offence under section 52B (1) or (3), and the accused is liable to punishment accordingly.
(6) Double jeopardy This section does not take away the liability of any person to be prosecuted for or found guilty of murder, manslaughter or any other offence or affect the punishment that may be imposed for any such offence. However, a person who:
(a)  has been convicted or acquitted of an offence under section 52B cannot be prosecuted for murder or manslaughter or for any other offence under this Act on the same, or substantially the same, facts, or
(b)  has been convicted or acquitted of murder or manslaughter or of any other offence under this Act cannot be prosecuted for an offence under section 52B on the same, or substantially the same, facts.
(7) Definition In this section:
prescribed concentration of alcohol means a concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.
53   Injuries by furious driving etc
Whosoever, being at the time on horseback, or in charge of any carriage or other vehicle, by wanton or furious riding, or driving, or racing, or other misconduct, or by wilful neglect, does or causes to be done to any person any bodily harm, shall be liable to imprisonment for two years.
54   Causing grievous bodily harm
Whosoever by any unlawful or negligent act, or omission, causes grievous bodily harm to any person, shall be liable to imprisonment for two years.
Division 7 Possessing or making explosive etc with intent to injure the person
55   Possessing or making explosives or other things with intent to injure
Whosoever knowingly has in his or her possession, or makes, or manufactures, any gunpowder, explosive substance, or dangerous or noxious thing, or any machine, engine, instrument, or thing:
(a)  with intent by means thereof to injure, or otherwise commit a serious indictable offence against the person of any one, or
(b)  for the purpose of enabling another person to injure, or otherwise commit a serious indictable offence against the person of any one,
shall be liable to imprisonment for 10 years.
Division 8 Assaults
56   Obstructing member of the clergy in discharge of his or her duties
Whosoever:
by threats or force prevents, or endeavours to prevent, any member of the clergy, or other person duly authorised in that behalf, from officiating in a place of divine worship, or from the performance of his or her duty in the lawful burial of the dead in a burial-place, or
strikes, or offers any violence to, any member of the clergy, or minister engaged in, or to the knowledge of the offender about to engage in, any of the duties aforesaid, or going to perform the same,
shall be liable to imprisonment for two years.
57   Assault on persons preserving wreck
Whosoever wounds, strikes, or assaults, any person while in the execution of his or her duty concerning the preservation of a vessel in distress, or any vessel or effects, stranded, or cast on shore, or lying under water, with intent to obstruct him or her, or thereby in fact obstructing him or her in the execution of such duty, shall be liable to imprisonment for seven years.
58   Assault with intent to commit a serious indictable offence on certain officers
Whosoever:
assaults any person with intent to commit a serious indictable offence, or
assaults, resists, or wilfully obstructs any officer while in the execution of his or her duty, such officer being a constable, or other peace officer, custom-house officer, prison officer, sheriff’s officer, or bailiff, or any person acting in aid of such officer, or
assaults any person, with intent to resist or prevent the lawful apprehension or detainer of any person for any offence,
shall be liable to imprisonment for 5 years.
59   Assault occasioning actual bodily harm
(1)  Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.
(2)  A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 7 years.
59A   Assault during public disorder
(1)  A person who assaults any person during a large-scale public disorder, although not occasioning actual bodily harm, is liable to imprisonment for 5 years.
(2)  A person who assaults any person during a large-scale public disorder, and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.
(3), (4)    (Repealed)
Division 8A Assaults and other actions against police and other law enforcement officers
60AA   Meaning of “law enforcement officer”
In this Division:
law enforcement officer means:
(a)  a police officer, or
(b)  a Commissioner or Assistant Commissioner of the Independent Commission Against Corruption, or
(c)  an officer of the Independent Commission Against Corruption, within the meaning of the Independent Commission Against Corruption Act 1988, who performs investigation functions, or
(d)  a Commissioner or Assistant Commissioner of the Law Enforcement Conduct Commission, within the meaning of the Law Enforcement Conduct Commission Act 2016, or
(e)  any other officer of the Law Enforcement Conduct Commission, within the meaning of the Law Enforcement Conduct Commission Act 2016, who performs investigation or confiscation functions, or
(f)  the Commissioner for the New South Wales Crime Commission or an Assistant Commissioner for that Commission, or
(g)  a member of staff of the New South Wales Crime Commission, within the meaning of the Crime Commission Act 2012, who performs investigation or confiscation functions, or
(h)  the Commissioner of Corrective Services, or
(i)  governors of correctional centres, correctional officers and probation and parole officers, within the meaning of the Crimes (Administration of Sentences) Act 1999, or
(j)  an officer of the Department of Juvenile Justice who works with children who have, or are alleged to have, committed offences and who is employed at or works from a community centre or children’s detention centre, or
(k)  an officer of the Department of Juvenile Justice who is involved in the conduct of youth justice conferences, or
(l)  a Crown Prosecutor or an Acting Crown Prosecutor, or
(m)  an Australian legal practitioner who is employed as a member of staff of the Director of Public Prosecutions, or
(n)  a sheriff’s officer, or
(o)  a recognised law enforcement officer within the meaning of the Police Act 1990, or
(p)  a special constable within the meaning of section 82L of the Police Act 1990, or
(q)  an officer of an approved charitable organisation, within the meaning of the Prevention of Cruelty to Animals Act 1979, who performs investigation, confiscation or other law enforcement functions.
60   Assault and other actions against police officers
(1)  A person who assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer’s duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 5 years.
(1A)  A person who, during a public disorder, assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer’s duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 7 years.
(2)  A person who assaults a police officer while in the execution of the officer’s duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.
(2A)  A person who, during a public disorder, assaults a police officer while in the execution of the officer’s duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 9 years.
(3)  A person who by any means:
(a)  wounds or causes grievous bodily harm to a police officer while in the execution of the officer’s duty, and
(b)  is reckless as to causing actual bodily harm to that officer or any other person,
is liable to imprisonment for 12 years.
(3A)  A person who by any means during a public disorder:
(a)  wounds or causes grievous bodily harm to a police officer while in the execution of the officer’s duty, and
(b)  is reckless as to causing actual bodily harm to that officer or any other person,
is liable to imprisonment for 14 years.
(4)  For the purposes of this section, an action is taken to be carried out in relation to a police officer while in the execution of the officer’s duty, even though the police officer is not on duty at the time, if it is carried out:
(a)  as a consequence of, or in retaliation for, actions undertaken by that police officer in the execution of the officer’s duty, or
(b)  because the officer is a police officer.
60A   Assault and other actions against law enforcement officers (other than police officers)
(1)  A person who assaults, throws a missile at, stalks, harasses or intimidates a law enforcement officer (other than a police officer) while in the execution of the officer’s duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 5 years.
(2)  A person who assaults a law enforcement officer (other than a police officer) while in the execution of the officer’s duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.
(3)  A person who by any means:
(a)  wounds or causes grievous bodily harm to a law enforcement officer (other than a police officer) while in the execution of the officer’s duty, and
(b)  is reckless as to causing actual bodily harm to that officer or any other person,
is liable to imprisonment for 12 years.
(4)  For the purposes of this section, an action is taken to be carried out in relation to a law enforcement officer while in the execution of the officer’s duty, even though the officer is not on duty at the time, if it is carried out:
(a)  as a consequence of, or in retaliation for, actions undertaken by that officer in the execution of the officer’s duty, or
(b)  because the officer is a law enforcement officer.
60B   Actions against third parties connected with law enforcement officers
(1)  A person who assaults, stalks, harasses or intimidates any person with whom a law enforcement officer has a domestic relationship, with the intention of causing the law enforcement officer to fear physical or mental harm:
(a)  as a consequence of, or in retaliation for, actions undertaken by the law enforcement officer in the execution of the officer’s duty, or
(b)  because the law enforcement officer is a law enforcement officer,
is liable to imprisonment for 5 years.
(2)  A person who obtains personal information about a person with whom a law enforcement officer has a domestic relationship, with the intention of using or permitting the use of the information to cause the officer to fear physical or mental harm:
(a)  as a consequence of, or in retaliation for, actions undertaken by the law enforcement officer in the execution of the officer’s duty, or
(b)  because the law enforcement officer is a law enforcement officer,
is liable to imprisonment for 5 years.
(3)  For the purposes of this section, causing a law enforcement officer to fear physical or mental harm includes causing the officer to fear physical or mental harm to another person with whom he or she has a domestic relationship.
(4)  For the purposes of this section, a person intends to cause fear of physical or mental harm if he or she knows that the conduct is likely to cause fear in the other person.
(5)  For the purposes of this section, the prosecution is not required to prove that the person alleged to have been assaulted, stalked, harassed or intimidated, or the law enforcement officer, actually feared physical or mental harm.
(6)  In this section, domestic relationship has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007.
60C   Obtaining of personal information about law enforcement officers
A person who obtains personal information about a law enforcement officer, with the intention of using or permitting the use of the information for the purpose of assaulting, stalking, harassing, intimidating, or otherwise harming, the officer:
(a)  as a consequence of, or in retaliation for, actions undertaken by the law enforcement officer in the execution of the officer’s duty, or
(b)  because the officer is a law enforcement officer,
is liable to imprisonment for 5 years.
Division 8B Assaults etc at schools
60D   Definitions
(1)  In this Division:
member of staff of a school includes a person who performs voluntary work for the school.
school means:
(a)  an infants school, primary school or secondary school (however described), and
(b)  a child care facility for children under school age.
school premises includes parks and other community premises that are used by a school (but only while they are being used for the purposes of the school).
school student includes a child attending a child care facility.
(2)  For the purposes of this Division, a school student or member of staff of a school is taken to be attending a school:
(a)  while the student or member of staff is on school premises for the purposes of school work or duty (even if not engaged in school work or duty at the time), or
(b)  while the student or member of staff is on school premises for the purposes of before school or after school child care, or
(c)  while entering or leaving school premises in connection with school work or duty or before school or after school care.
60E   Assaults etc at schools
(1)  A person who assaults, stalks, harasses or intimidates any school student or member of staff of a school while the student or member of staff is attending a school, although no actual bodily harm is occasioned, is liable to imprisonment for 5 years.
(2)  A person who assaults a school student or member of staff of a school while the student or member of staff is attending a school and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.
(3)  A person who by any means:
(a)  wounds or causes grievous bodily harm to a school student or member of staff of a school while the student or member of staff is attending a school, and
(b)  is reckless as to causing actual bodily harm to that student or member of staff or any other person,
is liable to imprisonment for 12 years.
(4)  A person who enters school premises with intent to commit an offence under another provision of this section is liable to imprisonment for 5 years.
(5)  Nothing in subsection (1) applies to any reasonable disciplinary action taken by a member of staff of a school against a school student.
Division 9 Common assaults
61   Common assault prosecuted by indictment
Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years.
Division 9A Defence of lawful correction
61AA   Defence of lawful correction
(1)  In criminal proceedings brought against a person arising out of the application of physical force to a child, it is a defence that the force was applied for the purpose of the punishment of the child, but only if:
(a)  the physical force was applied by the parent of the child or by a person acting for a parent of the child, and
(b)  the application of that physical force was reasonable having regard to the age, health, maturity or other characteristics of the child, the nature of the alleged misbehaviour or other circumstances.
(2)  The application of physical force, unless that force could reasonably be considered trivial or negligible in all the circumstances, is not reasonable if the force is applied:
(a)  to any part of the head or neck of the child, or
(b)  to any other part of the body of the child in such a way as to be likely to cause harm to the child that lasts for more than a short period.
(3)  Subsection (2) does not limit the circumstances in which the application of physical force is not reasonable.
(4)  This section does not derogate from or affect any defence at common law (other than to modify the defence of lawful correction).
(5)  Nothing in this section alters the common law concerning the management, control or restraint of a child by means of physical contact or force for purposes other than punishment.
(6)  In this section:
child means a person under 18 years of age.
parent of a child means a person having all the duties, powers, responsibilities and authority in respect of the child which, by law, parents have in relation to their children.
person acting for a parent of a child means a person:
(a)  who:
(i)  is a step-parent of the child, a de facto partner of a parent of the child, a relative (by blood or marriage) of a parent of the child or a person to whom the parent has entrusted the care and management of the child, and
(ii)  is authorised by a parent of the child to use physical force to punish the child, or
(b)  who, in the case of a child who is an Aboriginal or Torres Strait Islander (within the meaning of the Children and Young Persons (Care and Protection) Act 1998), is recognised by the Aboriginal or Torres Strait Islander community to which the child belongs as being an appropriate person to exercise special responsibilities in relation to the child.
Note.
 “De facto partner” is defined in section 21C of the Interpretation Act 1987.
(7)  This section does not apply to proceedings arising out of an application of physical force to a child if the application of that force occurred before the commencement of this section.
(8)  The Attorney General is to review this section to determine whether its provisions continue to be appropriate for securing the policy objectives of the section. The review is to be undertaken as soon as possible after the period of 3 years from the commencement of this section. A report on the outcome of the review is to be tabled in each House of Parliament within 6 months after the end of the period of 3 years.
Division 10 Offences in the nature of rape, offences relating to other acts of sexual assault etc
61A–61G   (Repealed)
61H   Definition of “sexual intercourse” and other terms
(1)  For the purposes of this Division, sexual intercourse means:
(a)  sexual connection occasioned by the penetration to any extent of the genitalia (including a surgically constructed vagina) of a female person or the anus of any person by:
(i)  any part of the body of another person, or
(ii)  any object manipulated by another person,
except where the penetration is carried out for proper medical purposes, or
(b)  sexual connection occasioned by the introduction of any part of the penis of a person into the mouth of another person, or
(c)  cunnilingus, or
(d)  the continuation of sexual intercourse as defined in paragraph (a), (b) or (c).
(1A)  For the purposes of this Division, a person has a cognitive impairment if the person has:
(a)  an intellectual disability, or
(b)  a developmental disorder (including an autistic spectrum disorder), or
(c)  a neurological disorder, or
(d)  dementia, or
(e)  a severe mental illness, or
(f)  a brain injury,
that results in the person requiring supervision or social habilitation in connection with daily life activities.
(2)  For the purposes of this Division, a person is under the authority of another person if the person is in the care, or under the supervision or authority, of the other person.
(3)  For the purposes of this Act, a person who incites another person to an act of indecency, as referred to in section 61N or 61O, is taken to commit an offence on the other person.
61HA   Consent in relation to sexual assault offences
(1) Offences to which section applies This section applies for the purposes of the offences, or attempts to commit the offences, under sections 61I, 61J and 61JA.
(2) Meaning of consent A person consents to sexual intercourse if the person freely and voluntarily agrees to the sexual intercourse.
(3) Knowledge about consent A person who has sexual intercourse with another person without the consent of the other person knows that the other person does not consent to the sexual intercourse if:
(a)  the person knows that the other person does not consent to the sexual intercourse, or
(b)  the person is reckless as to whether the other person consents to the sexual intercourse, or
(c)  the person has no reasonable grounds for believing that the other person consents to the sexual intercourse.
For the purpose of making any such finding, the trier of fact must have regard to all the circumstances of the case:
(d)  including any steps taken by the person to ascertain whether the other person consents to the sexual intercourse, but
(e)  not including any self-induced intoxication of the person.
(4) Negation of consent A person does not consent to sexual intercourse:
(a)  if the person does not have the capacity to consent to the sexual intercourse, including because of age or cognitive incapacity, or
(b)  if the person does not have the opportunity to consent to the sexual intercourse because the person is unconscious or asleep, or
(c)  if the person consents to the sexual intercourse because of threats of force or terror (whether the threats are against, or the terror is instilled in, that person or any other person), or
(d)  if the person consents to the sexual intercourse because the person is unlawfully detained.
(5)  A person who consents to sexual intercourse with another person:
(a)  under a mistaken belief as to the identity of the other person, or
(b)  under a mistaken belief that the other person is married to the person, or
(c)  under a mistaken belief that the sexual intercourse is for health or hygienic purposes (or under any other mistaken belief about the nature of the act induced by fraudulent means),
does not consent to the sexual intercourse. For the purposes of subsection (3), the other person knows that the person does not consent to sexual intercourse if the other person knows the person consents to sexual intercourse under such a mistaken belief.
(6)  The grounds on which it may be established that a person does not consent to sexual intercourse include:
(a)  if the person has sexual intercourse while substantially intoxicated by alcohol or any drug, or
(b)  if the person has sexual intercourse because of intimidatory or coercive conduct, or other threat, that does not involve a threat of force, or
(c)  if the person has sexual intercourse because of the abuse of a position of authority or trust.
(7)  A person who does not offer actual physical resistance to sexual intercourse is not, by reason only of that fact, to be regarded as consenting to the sexual intercourse.
(8)  This section does not limit the grounds on which it may be established that a person does not consent to sexual intercourse.
61I   Sexual assault
Any person who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 14 years.
61J   Aggravated sexual assault
(1)  Any person who has sexual intercourse with another person without the consent of the other person and in circumstances of aggravation and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 20 years.
(2)  In this section, circumstances of aggravation means circumstances in which:
(a)  at the time of, or immediately before or after, the commission of the offence, the alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or
(b)  at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or
(c)  the alleged offender is in the company of another person or persons, or
(d)  the alleged victim is under the age of 16 years, or
(e)  the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or
(f)  the alleged victim has a serious physical disability, or
(g)  the alleged victim has a cognitive impairment, or
(h)  the alleged offender breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence, or
(i)  the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence.
(3)  In this section, building has the same meaning as it does in Division 4 of Part 4.
61JA   Aggravated sexual assault in company
(1)  A person:
(a)  who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse, and
(b)  who is in the company of another person or persons, and
(c)  who:
(i)  at the time of, or immediately before or after, the commission of the offence, intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or
(ii)  at the time of, or immediately before or after, the commission of the offence, threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or
(iii)  deprives the alleged victim of his or her liberty for a period before or after the commission of the offence,
is liable to imprisonment for life.
(2)  A person sentenced to imprisonment for life for an offence under this section is to serve that sentence for the term of the person’s natural life.
(3)  Nothing in this section affects the operation of section 21 of the Crimes (Sentencing Procedure) Act 1999 (which authorises the passing of a lesser sentence than imprisonment for life).
(4)  Nothing in this section affects the prerogative of mercy.
61K   Assault with intent to have sexual intercourse
Any person who, with intent to have sexual intercourse with another person:
(a)  intentionally or recklessly inflicts actual bodily harm on the other person or a third person who is present or nearby, or
(b)  threatens to inflict actual bodily harm on the other person or a third person who is present or nearby by means of an offensive weapon or instrument,
is liable to imprisonment for 20 years.
61L   Indecent assault
Any person who assaults another person and, at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person, is liable to imprisonment for 5 years.
61M   Aggravated indecent assault
(1)  Any person who assaults another person in circumstances of aggravation, and, at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person, is liable to imprisonment for 7 years.
(2)  Any person who assaults another person, and, at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person, is liable to imprisonment for 10 years, if the other person is under the age of 16 years.
(3)  In this section, circumstances of aggravation means circumstances in which:
(a)  the alleged offender is in the company of another person or persons, or
(b)    (Repealed)
(c)  the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or
(d)  the alleged victim has a serious physical disability, or
(e)  the alleged victim has a cognitive impairment.
61N   Act of indecency
(1)  Any person who commits an act of indecency with or towards a person under the age of 16 years, or incites a person under that age to an act of indecency with or towards that or another person, is liable to imprisonment for 2 years.
(2)  Any person who commits an act of indecency with or towards a person of the age of 16 years or above, or incites a person of the age of 16 years or above to an act of indecency with or towards that or another person, is liable to imprisonment for 18 months.
61O   Aggravated act of indecency
(1)  Any person who commits an act of indecency with or towards a person under the age of 16 years, or incites a person under that age to an act of indecency with or towards that or another person, in either case in circumstances of aggravation, is liable to imprisonment for 5 years.
(1A)  Any person who commits an act of indecency with or towards a person of the age of 16 years or above, or incites a person of the age of 16 years or above to an act of indecency with or towards that or another person, in either case in circumstances of aggravation, is liable to imprisonment for 3 years.
(2)  Any person who commits an act of indecency with or towards a person under the age of 10 years, or incites a person under that age to an act of indecency with or towards that or another person, is liable to imprisonment for 7 years.
(2A)  A person:
(a)  who commits an act of indecency with or towards a person under the age of 16 years, or incites a person under the age of 16 years to an act of indecency with or towards that person or another person, and
(b)  who knows that the act of indecency is being filmed for the purposes of the production of child abuse material,
is guilty of an offence.
Maximum penalty: imprisonment for 10 years.
(3)  For the purposes subsections (1) and (1A), circumstances of aggravation means circumstances in which:
(a)  the alleged offender is in the company of another person or persons, or
(b)  the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or
(c)  the alleged victim has a serious physical disability, or
(d)  the alleged victim has a cognitive impairment.
(4)  For the purposes of subsection (2A):
(a)  child abuse material has the meaning given by Division 15A, and
(b)  an act of indecency is being filmed if one or more images (whether still or moving) of the act of indecency are being recorded or transmitted for the purpose of enabling those images to be observed by any person (whether during the filming or later).
61P   Attempt to commit offence under sections 61I–61O
Any person who attempts to commit an offence under section 61I, 61J, 61JA, 61K, 61L, 61M, 61N or 61O is liable to the penalty provided for the commission of the offence.
61Q   Alternative verdicts
(1) Question of aggravation If on the trial of a person for an offence under section 61J, 61M or 61O the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 61I, 61L or 61N, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
(1A) Question of aggravation in company If on the trial of a person for an offence under section 61JA the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 61I or 61J, it may find the person not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
(2) Question of consent regarding alleged victim under 16 If on the trial of a person for an offence under section 61I the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 66C (3) or 66C (4), it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
(3) Question of consent or authority regarding alleged victim under 16 If on the trial of a person for an offence under section 61J or 61JA the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 66A or 66C, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
(4) Question of consent regarding incest If on the trial of a person for an offence under section 61I or 61J the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 78A or 78B, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
(5) Question of consent regarding cognitive impairment If on the trial of a person for an offence under section 61I, 61J or 61JA, the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 66F, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
(6) Question of whether offence committed for purposes of production of child abuse material If on the trial of a person for an offence under section 61O (2A) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 61O (2) or 61N, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
61R   (Repealed)
61S   Offenders who are minors
(1)  For the purposes of any offence, a person is not, by reason only of age, to be presumed incapable of having sexual intercourse with another person or of having an intent to have sexual intercourse with another person.
(2)  Subsection (1) does not affect the operation of any law relating to the age at which a child can be convicted of an offence.
61T   Offender married to victim
The fact that a person is married to a person:
(a)  upon whom an offence under section 61I, 61J, 61JA or 61K is alleged to have been committed is no bar to the firstmentioned person being convicted of the offence, or
(b)  upon whom an offence under any of those sections is alleged to have been attempted is no bar to the firstmentioned person being convicted of the attempt.
61U   Circumstances of certain sexual offences to be considered in passing sentence
Where a person is convicted of:
(a)  both an offence under section 61I and an offence under section 61K, or
(b)  both an offence under section 61J and an offence under section 61K, or
(c)  both an offence under section 61JA and an offence under section 61K,
whether at the same time or at different times, the Judge passing sentence on the person in respect of the two convictions or the later of the two convictions is required, if it appears that the two offences arose substantially out of the one set of circumstances, to take that fact into account in passing sentence.
62   (Repealed)
63   Common law offences of rape and attempted rape abolished
(1)  The common law offences of rape and attempted rape are abolished.
(2)  Parts 1A, 1 and 19 of Schedule 11 make provision with respect to rape and other former sexual offences.
64   
(Renumbered as clause 51 of Schedule 11)
65–66   (Repealed)
66A   Sexual intercourse—child under 10
(1)  Any person who has sexual intercourse with a child who is under the age of 10 years is guilty of an offence.
Maximum penalty: imprisonment for life.
(2)  A person sentenced to imprisonment for life for an offence under this section is to serve that sentence for the term of the person’s natural life.
(3)  Nothing in this section affects the operation of section 21 of the Crimes (Sentencing Procedure) Act 1999 (which authorises the passing of a lesser sentence than imprisonment for life).
(4)  Nothing in this section affects the prerogative of mercy.
66B   Attempting, or assaulting with intent, to have sexual intercourse with child under 10
Any person who attempts to have sexual intercourse with another person who is under the age of 10 years, or assaults any such person with intent to have sexual intercourse, shall be liable to imprisonment for 25 years.
66C   Sexual intercourse—child between 10 and 16
(1) Child between 10 and 14 Any person who has sexual intercourse with another person who is of or above the age of 10 years and under the age of 14 years is liable to imprisonment for 16 years.
(2) Child between 10 and 14—aggravated offence Any person who has sexual intercourse with another person who is of or above the age of 10 years and under the age of 14 years in circumstances of aggravation is liable to imprisonment for 20 years.
(3) Child between 14 and 16 Any person who has sexual intercourse with another person who is of or above the age of 14 years and under the age of 16 years is liable to imprisonment for 10 years.
(4) Child between 14 and 16—aggravated offence Any person who has sexual intercourse with another person who is of or above the age of 14 years and under the age of 16 years in circumstances of aggravation is liable to imprisonment for 12 years.
(5)  In this section, circumstances of aggravation means circumstances in which:
(a)  at the time of, or immediately before or after, the commission of the offence, the alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or
(b)  at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or
(c)  the alleged offender is in the company of another person or persons, or
(d)  the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or
(e)  the alleged victim has a serious physical disability, or
(f)  the alleged victim has a cognitive impairment, or
(g)  the alleged offender took advantage of the alleged victim being under the influence of alcohol or a drug in order to commit the offence, or
(h)  the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence, or
(i)  the alleged offender breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence.
66D   Attempting, or assaulting with intent, to have sexual intercourse with child between 10 and 16
Any person who attempts to commit an offence under section 66C upon another person who is of or above the age of 10 years, and under the age of 16 years, or assaults any such person with intent to commit such an offence, shall be liable to the penalty provided for the commission of the offence.
66E   Alternative verdicts
(1)  If on the trial of a person for an offence under section 66A the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 66B, 66C (1), (2), (3) or (4) or 66D, it may find the accused not guilty of the offence charged but guilty of an offence under section 66B, 66C (1), (2), (3) or (4) or 66D. The accused is liable to punishment accordingly.
(2)    (Repealed)
(3)  If on the trial of a person for an offence under section 66C (2) or (4) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 66C (1) or (3), it may find the accused not guilty of the offence charged but guilty of an offence under section 66C (1) or (3). The accused is liable to punishment accordingly.
(4)  If on the trial of a person for an offence under section 66C (1) or (2) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 66C (3) or (4), it may find the accused not guilty of the offence charged but guilty of an offence under section 66C (3) or (4). The accused is liable to punishment accordingly.
(5)  If on the trial of a person for an offence under section 66C the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 66D, it may find the accused not guilty of the offence charged but guilty of an offence under section 66D. The accused is liable to punishment accordingly.
66EA   Persistent sexual abuse of a child
(1)  A person who, on 3 or more separate occasions occurring on separate days during any period, engages in conduct in relation to a particular child that constitutes a sexual offence is liable to imprisonment for 25 years.
(2)  It is immaterial whether or not the conduct is of the same nature, or constitutes the same offence, on each occasion.
(3)  It is immaterial that the conduct on any of those occasions occurred outside New South Wales, so long as the conduct on at least one of those occasions occurred in New South Wales.
(4)  In proceedings for an offence against this section, it is not necessary to specify or to prove the dates or exact circumstances of the alleged occasions on which the conduct constituting the offence occurred.
(5)  A charge of an offence against this section:
(a)  must specify with reasonable particularity the period during which the offence against this section occurred, and
(b)  must describe the nature of the separate offences alleged to have been committed by the accused during that period.
(6)  In order for the accused to be convicted of an offence against this section:
(a)  the jury must be satisfied beyond reasonable doubt that the evidence establishes at least 3 separate occasions, occurring on separate days during the period concerned, on which the accused engaged in conduct constituting a sexual offence in relation to a particular child of a nature described in the charge, and
(b)  the jury must be so satisfied about the material facts of the 3 such occasions, although the jury need not be so satisfied about the dates or the order of those occasions, and
(c)  if more than 3 such occasions are relied on as evidence of the commission of an offence against this section, all the members of the jury must be so satisfied about the same 3 occasions, and
(d)  the jury must be satisfied that the 3 such occasions relied on as evidence of the commission of an offence against this section occurred after the commencement of this section.
(7)  In proceedings for an offence against this section, the judge must inform the jury of the requirements of subsection (6).
(8)  A person who has been convicted or acquitted of an offence against this section may not be convicted of a sexual offence in relation to the same child that is alleged to have been committed in the period during which the accused was alleged to have committed an offence against this section. This subsection does not prevent an alternative verdict under subsection (10).
(9)  A person who has been convicted or acquitted of a sexual offence may not be convicted of an offence against this section in relation to the same child if any of the occasions relied on as evidence of the commission of the offence against this section includes the occasion of that sexual offence.
(10)  If on the trial of a person charged with an offence against this section the jury is not satisfied that the offence is proven but is satisfied that the person has, in respect of any of the occasions relied on as evidence of the commission of the offence against this section, committed a sexual offence, the jury may acquit the person of the offence charged and find the person guilty of that sexual offence. The person is liable to punishment accordingly.
(11)  Proceedings for an offence against this section may only be instituted by or with the approval of the Director of Public Prosecutions.
(12)  In this section:
child means a person under the age of 18 years.
sexual offence means any of the following:
(a)  an offence under section 61I, 61J, 61JA, 61K, 61L, 61M, 61N, 61O, 66A, 66B, 66C, 66D, 66F, 73, 74, 78H, 78I, 78K, 78L, 78N, 78O, 78Q or 80A,
(b)  an offence of attempting to commit an offence referred to in paragraph (a),
(c)  an offence under the law of a place outside New South Wales that would, if it had been committed in New South Wales, be an offence referred to in paragraph (a) or (b).
66EB   Procuring or grooming child under 16 for unlawful sexual activity
(1) Definitions In this section:
adult person means a person who is of or over the age of 18 years.
child means a person who is under the age of 16 years.
conduct includes:
(a)  communicating in person or by telephone, the internet or other means, or
(b)  providing any computer image, video or publication.
unlawful sexual activity means an act that constitutes an offence under this Division or Division 10A, 15 or 15A (or, in the case of an act occurring outside this State, that would constitute such an offence if it occurred in this State).
(2) Procuring children An adult person who intentionally procures a child for unlawful sexual activity with that or any other person is guilty of an offence.
Maximum penalty:
(a)  in the case of a child who is under the age of 14 years—imprisonment for 15 years, or
(b)  in any other case—imprisonment for 12 years.
(2A) Meeting child following grooming An adult person:
(a)  who intentionally meets a child, or travels with the intention of meeting a child, whom the adult person has groomed for sexual purposes, and
(b)  who does so with the intention of procuring the child for unlawful sexual activity with that adult person or any other person,
is guilty of an offence.
Maximum penalty:
(a)  in the case of a child who is under the age of 14 years—imprisonment for 15 years, or
(b)  in any other case—imprisonment for 12 years.
(2B)  For the purposes of subsection (2A), a child has been groomed for sexual purposes by an adult person if, on one or more previous occasions, the adult person has engaged in conduct that exposed the child to indecent material.
(3) Grooming children An adult person:
(a)  who engages in any conduct that exposes a child to indecent material or provides a child with an intoxicating substance, and
(b)  who does so with the intention of making it easier to procure the child for unlawful sexual activity with that or any other person,
is guilty of an offence.
Maximum penalty:
(a)  in the case of a child who is under the age of 14 years—imprisonment for 12 years, or
(b)  in any other case—imprisonment for 10 years.
(4) Unlawful sexual activity need not be particularised In any proceedings for an offence against this section, it is necessary to prove that the child was or was to be procured for unlawful sexual activity, but it is not necessary to specify or to prove any particular unlawful sexual activity.
(5) Fictitious children A reference in this section to a child includes a reference to a person who pretends to be a child if the accused believed that the person was a child. In that case, a reference in this section:
(a)  to unlawful sexual activity includes a reference to anything that would be unlawful sexual activity if the person were a child, and
(b)  to the age of the child is a reference to the age that the accused believed the person to be.
(6) Charge for aggravated offence The higher maximum penalty under subsection (2), (2A) or (3) in the case of a child under the age of 14 years does not apply unless the age of the child is set out in the charge for the offence.
(7) Defence It is a defence in proceedings for an offence against this section if the accused reasonably believed that the other person was not a child.
(8) Alternative verdict If on the trial of a person charged with an offence against subsection (2) or (2A) the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (3), the jury may acquit the person of the offence charged and find the person guilty of an offence against subsection (3). The person is liable to punishment accordingly.
66F   Sexual offences—cognitive impairment
(1) Meaning of “person responsible for care” For the purposes of this section, a person is responsible for the care of a person who has a cognitive impairment if the person provides care to that person:
(a)  at a facility at which persons with a cognitive impairment are detained, reside or attend, or
(b)  at the home of that person in the course of a program under which any such facility or other government or community organisation provides care to persons with a cognitive impairment.
The care of a person with a cognitive impairment includes voluntary care, health professional care, education, home care and supervision.
(2) Sexual intercourse: person responsible for care A person:
(a)  who has sexual intercourse with a person who has a cognitive impairment, and
(b)  who is responsible for the care of that person (whether generally or at the time of the sexual intercourse),
is guilty of an offence.
Maximum penalty: imprisonment for 10 years.
(3) Sexual intercourse: taking advantage of impairment A person who has sexual intercourse with a person who has a cognitive impairment, with the intention of taking advantage of that person’s cognitive impairment, is guilty of an offence.
Maximum penalty: imprisonment for 8 years.
(4) Attempts A person who attempts to commit an offence under subsection (2) or (3) is guilty of an offence and liable to the penalty provided for the commission of the offence.
(5) Consent not a defence for sexual intercourse The consent of a person who has a cognitive impairment is not a defence to a charge for an offence under subsection (2)–(4).
(6) Consent not a defence for indecent assault or act of indecency The consent of a person who has a cognitive impairment is not a defence to a charge for an offence under section 61L, 61M (1), 61N (2) or 61O (1A) (or under section 61P in connection with such an offence) if:
(a)  the accused was responsible for the care of that person (whether generally or at the time of the conduct constituting the offence), or
(b)  the accused engaged in the conduct constituting the offence with the intention of taking advantage of that person’s cognitive impairment.
(7) Defences It is a defence to a charge for an offence under subsection (2)–(4) or an offence referred to in subsection (6) in which the prosecution relies on the operation of that subsection:
(a)  if, at the time of the conduct constituting the offence:
(i)  the accused did not know the person to whom the charge relates had a cognitive impairment, or
(ii)  the accused was married to the person to whom the charge relates or was the de facto partner of that person, or
(b)  if the act constituting the offence was carried out for any proper medical or hygienic purpose.
(8) Approval of Attorney General for prosecution A prosecution for any of the following offences may not be commenced without the approval of the Attorney General:
(a)  an offence under subsection (2)–(4),
(b)  an offence referred to in subsection (6) in which the prosecution relies on the operation of that subsection.
67, 68   (Repealed)
69   
(Renumbered as clause 52 of Schedule 11)
70   
(Renumbered as clause 53 of Schedule 11)
71–72A   (Repealed)
73   Sexual intercourse with child between 16 and 18 under special care
(1)  Any person who has sexual intercourse with another person who:
(a)  is under his or her special care, and
(b)  is of or above the age of 16 years and under the age of 17 years,
is liable to imprisonment for 8 years.
(2)  Any person who has sexual intercourse with another person who:
(a)  is under his or her special care, and
(b)  is of or above the age of 17 years and under the age of 18 years,
is liable to imprisonment for 4 years.
(3)  For the purposes of this section, a person (the victim) is under the special care of another person (the offender) if, and only if:
(a)  the offender is the step-parent, guardian or foster parent of the victim or the de facto partner of a parent, guardian or foster parent of the victim, or
(b)  the offender is a school teacher and the victim is a pupil of the offender, or
(c)  the offender has an established personal relationship with the victim in connection with the provision of religious, sporting, musical or other instruction to the victim, or
(d)  the offender is a custodial officer of an institution of which the victim is an inmate, or
(e)  the offender is a health professional and the victim is a patient of the health professional.
(4)  Any person who attempts to commit an offence under subsection (1) or (2) is liable to the penalty provided for the commission of the offence.
(5)  A person does not commit an offence under this section if the person and the other person to whom the charge relates were, at the time the offence is alleged to have been committed, married to each other.
74–76A   (Repealed)
77   Consent no defence in certain cases
(1)  The consent of the child or other person to whom the charge relates shall be no defence to a charge under section 61E (1A), (2) or (2A), 61M (2), 61N (1), 61O (1), (2) or (2A), 66A, 66B, 66C, 66D, 66EA, 66EB, 67, 68, 71, 72, 72A, 73, 74 or 76A or, if the child to whom the charge relates was under the age of 16 years at the time the offence is alleged to have been committed, to a charge under section 61E (1), 61L, 61M (1) or 76.
(2)    (Repealed)
77A, 78   (Repealed)
78A   Incest
(1)  Any person who has sexual intercourse with a close family member who is of or above the age of 16 years is liable to imprisonment for 8 years.
(2)  For the purposes of this section, a close family member is a parent, son, daughter, sibling (including a half-brother or half-sister), grandparent or grandchild, being such a family member from birth.
78B   Incest attempts
Any person who attempts to commit an offence under section 78A is liable to imprisonment for two years.
78C   Defences
(1)  It shall be a sufficient defence to a charge under section 78A or section 78B that the person charged did not know that the person with whom the offence is alleged to have been committed was related to him or her, as alleged.
(2)  It shall be no defence to a charge under section 78A or section 78B that the person with whom the offence is alleged to have been committed consented thereto.
78D   (Repealed)
78E   
(Renumbered as clause 54 of Schedule 11)
78F   Sanction of Attorney-General
(1)  No prosecution for an offence under sections 78A or 78B shall be commenced without the sanction of the Attorney-General.
(2)    (Repealed)
78G–78S   (Repealed)
78T   
(Renumbered as clause 55 of Schedule 11)
79   Bestiality
Any person who commits an act of bestiality with any animal shall be liable to imprisonment for fourteen years.
80   Attempt to commit bestiality
Any person who attempts to commit an act of bestiality with any animal shall be liable to imprisonment for five years.
80A   Sexual assault by forced self-manipulation
(1)  In this section:
circumstances of aggravation means circumstances in which:
(a)  at the time of, or immediately before or after, the commission of the offence, the alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or
(b)  at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or
(c)  the alleged offender is in the company of another person or persons, or
(d)  the alleged victim is under the age of 16 years, or
(e)  the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or
(f)  the alleged victim has a serious physical disability, or
(g)  the alleged victim has a cognitive impairment.
self-manipulation means the penetration of the vagina (including a surgically constructed vagina) or anus of any person by an object manipulated by the person, except where the penetration is carried out for proper medical or other proper purposes.
threat means:
(a)  a threat of physical force, or
(b)  intimidatory or coercive conduct, or other threat, which does not involve a threat of physical force.
(2)  Any person who compels another person to engage in self-manipulation, by means of a threat that the other person could not reasonably be expected to resist, is liable to imprisonment for 14 years.
(2A)  Any person who compels another person to engage in self-manipulation:
(a)  by means of a threat that the other person could not reasonably be expected to resist, and
(b)  in circumstances of aggravation,
is liable to imprisonment for 20 years.
(3)  A person does not commit an offence under this section unless the person knows that the other person engages in the self-manipulation as a result of the threat.
80AA   Referral to child protection agency
On conviction of a person for an offence under this Division, the court may refer the matter to an appropriate child protection agency if the person against whom or with whom the offence was committed is under the authority of the offender.
Division 10A Sexual servitude
80B   Meaning of “sexual servitude”
(1)  For the purposes of this Division, sexual servitude is the condition of a person who provides sexual services and who, because of the use of force or threats:
(a)  is not free to cease providing sexual services, or
(b)  is not free to leave the place or area where the person provides sexual services.
(2)  In this section:
sexual service means the commercial use or display of the body of the person providing the service for the sexual arousal or sexual gratification of others.
threat means:
(a)  a threat of force, or
(b)  a threat to cause a person’s deportation, or
(c)  a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of sexual services by a person.
80C   Meaning of “circumstances of aggravation”
In this Division, circumstances of aggravation means circumstances involving either or both of the following:
(a)  the alleged victim is under the age of 18 years,
(b)  the alleged victim has a cognitive impairment (within the meaning of Division 10).
80D   Causing sexual servitude
(1)  A person:
(a)  who causes another person to enter into or remain in sexual servitude, and
(b)  who intends to cause, or is reckless as to causing, that sexual servitude,
is guilty of an offence.
Maximum penalty: Imprisonment for 15 years.
(2)  A person is guilty of an offence against this subsection if the person commits an offence under subsection (1) in circumstances of aggravation.
Maximum penalty: Imprisonment for 20 years.
80E   Conduct of business involving sexual servitude
(1)  A person:
(a)  who conducts any business that involves the sexual servitude of other persons, and
(b)  who knows about, or is reckless as to, that sexual servitude,
is guilty of an offence.
Maximum penalty: Imprisonment for 15 years.
(2)  A person commits an offence against this subsection if the person commits an offence under subsection (1) in circumstances of aggravation.
Maximum penalty: Imprisonment for 19 years.
(3)  For the purposes of this section, conducting a business includes:
(a)  taking any part in the management of the business, or
(b)  exercising control or direction over the business, or
(c)  providing finance for the business.
80F   Alternative verdicts
If on the trial of a person for an offence under section 80D (2) or 80E (2) the jury is not satisfied that the accused is guilty of the offence charged but is satisfied on the evidence that the accused is guilty of an offence under section 80D (1) or 80E (1), respectively, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
Division 10B Incitement to commit sexual offence
80G   Incitement to commit sexual offence
(1)  A person who incites the commission of an offence under Division 10, 10A or 15A is guilty of an offence and is liable to the penalty provided for the commission of the offence.
(2)  For the person to be guilty, the person must intend that the offence incited be committed.
(3)  A person may be found guilty even if committing the offence incited is impossible.
(4)  Any defences, procedures, limitations or qualifying provisions that apply to the offence incited also apply to an offence under this section.
(5)  It is not an offence to incite the commission of the following offences:
(a)  an offence against section 61N or 61O that is constituted by inciting another person to an act of indecency,
(b)  an offence against section 61P, 66B, 66D, 66EB, 66F (4), 73 (4), 78B or 80.
81–81B   (Repealed)
Division 11 Misconduct with regard to corpses
81C   Misconduct with regard to corpses
Any person who:
(a)  indecently interferes with any dead human body, or
(b)  improperly interferes with, or offers any indignity to, any dead human body or human remains (whether buried or not),
shall be liable to imprisonment for two years.
Division 12 Attempts to procure abortion
82   Administering drugs etc to herself by woman with child
Whosoever, being a woman with child,
unlawfully administers to herself any drug or noxious thing, or
unlawfully uses any instrument or other means,
with intent in any such case to procure her miscarriage,
shall be liable to imprisonment for ten years.
83   Administering drugs etc to woman with intent
Whosoever:
unlawfully administers to, or causes to be taken by, any woman, whether with child or not, any drug or noxious thing, or
unlawfully uses any instrument or other means,
with intent in any such case to procure her miscarriage,
shall be liable to imprisonment for ten years.
84   Procuring drugs etc
Whosoever unlawfully supplies or procures any drug or noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used with intent to procure the miscarriage of any woman, whether with child or not, shall be liable to imprisonment for five years.
Division 13 Concealing birth of a child
85   Concealment of birth
(1)  Whosoever by any disposition of the dead body of a child, whether the child died before or after or during its birth, wilfully conceals or attempts to conceal the birth of the child, shall be liable to imprisonment for two years.
(2)  It shall be a sufficient defence to any charge under this section if the accused person shall satisfy the court or jury that the dead body in respect of which the disposition took place had issued from the body of its mother before the expiration of the twenty-eighth week of pregnancy.
Division 13A
(Renumbered as Part 3 Division 14)
85A (Renumbered as sec 86)
Division 14 Kidnapping
86   Kidnapping
(1) Basic offence A person who takes or detains a person, without the person’s consent:
(a)  with the intention of holding the person to ransom, or
(a1)  with the intention of committing a serious indictable offence, or
(b)  with the intention of obtaining any other advantage,
is liable to imprisonment for 14 years.
(2) Aggravated offence A person is guilty of an offence under this subsection if:
(a)  the person commits an offence under subsection (1) in the company of another person or persons, or
(b)  the person commits an offence under subsection (1) and at the time of, or immediately before or after, the commission of the offence, actual bodily harm is occasioned to the alleged victim.
A person convicted of an offence under this subsection is liable to imprisonment for 20 years.
(3) Specially aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1):
(a)  in the company of another person or persons, and
(b)  at the time of, or immediately before or after, the commission of the offence, actual bodily harm is occasioned to the alleged victim.
A person convicted of an offence under this subsection is liable to imprisonment for 25 years.
(4) Alternative verdicts If on the trial of a person for an offence under subsection (2) or (3) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of a lesser offence under this section, it may find the accused not guilty of the offence charged but guilty of the lesser offence, and the accused is liable to punishment accordingly.
(5)  A person who takes or detains a child is to be treated as acting without the consent of the child.
(6)  A person who takes or detains a child does not commit an offence under this section if:
(a)  the person is the parent of the child or is acting with the consent of a parent of the child, and
(b)  the person is not acting in contravention of any order of a court relating to the child.
(7)  In this section:
child means a child under the age of 16 years.
detaining a person includes causing the person to remain where he or she is.
parent of a child means a person who has, in relation to the child, all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children.
taking a person includes causing the person to accompany a person and causing the person to be taken.
87   Child abduction
(1)  A person who takes or detains a child with the intention of removing or keeping the child from the lawful control of any person having parental responsibility for the child, without the consent of that person, is liable to imprisonment for 10 years.
(2)  A person who takes or detains a child with the intention of stealing from the child is liable to imprisonment for 10 years.
(3)  In this section:
child means a child under the age of 12 years.
detaining a child includes causing the child to remain where he or she is.
taking a child includes causing the child to accompany a person and causing the child to be taken.
(4)  In this section, a reference to a person who has parental responsibility for a child is a reference to:
(a)  a person who has, in relation to a child, all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children, or
(b)  a person authorised to be the carer of the child under an Act relating to the care and protection of children.
88–91   (Repealed)
Division 14A Procuring for prostitution
91A   Procuring etc
Whosoever procures, entices or leads away any person (not being a prostitute), whether with that person’s consent or not for purposes of prostitution, either within or without New South Wales, shall, notwithstanding that some one or more of the various acts constituting the offence may have been committed outside New South Wales, be liable to imprisonment for seven years.
91B   Procuring person by drugs etc
Whosoever by means of any fraud, violence, threat, or abuse of authority, or by the use of any drug or intoxicating liquor, procures, entices, or leads away any person for purposes of prostitution, either within or without New South Wales, shall, notwithstanding that some one or more of the various acts constituting the offence may have been committed outside New South Wales, be liable to imprisonment for ten years.
Division 15 Child prostitution
91C   Definitions
For the purposes of this Division:
act of child prostitution means any sexual service, whether or not involving an indecent act:
(a)  that is provided by a child 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
(b)  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 (as defined in section 61H) for payment or masturbation committed by one person on another for payment, engaged in by a child.
child means a person who is under the age of 18 years.
91D   Promoting or engaging in acts of child prostitution
(1)  Any person who:
(a)  by any means, causes or induces a child to participate in an act of child prostitution, or
(b)  participates as a client with a child in an act of child prostitution,
is liable to imprisonment for 10 years or, if the child is under the age of 14 years, to imprisonment for 14 years.
(2)    (Repealed)
(3)  The consent of a child is not a defence to a charge relating to an offence under this section.
91E   Obtaining benefit from child prostitution
(1)  Any person who receives money or any other material benefit knowing that it is derived directly or indirectly from an act of child prostitution is liable to imprisonment for 10 years or, if the act of child prostitution involves a child under the age of 14 years, to imprisonment for 14 years.
(2)  A person is not guilty of an offence under this section if the person satisfies the court that the money or other material benefit concerned:
(a)  was received by the person for the lawful provision of goods or services, or
(b)  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.
(3)  The higher maximum penalty under this section in the case of an offence involving a child under the age of 14 years does not apply unless the age of the child is set out in the charge for the offence.
91F   Premises not to be used for child prostitution
(1)  Any person who is capable of exercising lawful control over premises at which a child participates in an act of child prostitution is liable to imprisonment for 7 years.
(2)  For the purposes of this section, each person:
(a)  who is an owner, lessee, licensee or occupier of premises,
(b)  who is concerned in the management of premises or in controlling the entry of persons to, or their movement within, premises,
is to be considered as capable of exercising lawful control over the premises, whether or not any other person is capable of exercising lawful control over the premises.
(3)  A person is not guilty of an offence under this section relating to an act of child prostitution if the person satisfies the court:
(a)  that the person did not know about the act, or
(b)  that the person did not know that a child was participating in the act or, for any other reason, did not know that the act was an act of child prostitution, or
(c)  that the person used all due diligence to prevent the child from participating in the act.
Division 15A Child abuse material
91FA   Definitions
For the purposes of this Division:
child means a person who is under the age of 16 years.
child abuse material—see section 91FB.
data includes:
(a)  information in any form, or
(b)  any program (or part of a program).
material includes any film, printed matter, data or any other thing of any kind (including any computer image or other depiction).
91FB   Child abuse material—meaning
(1)  In this Division:
child abuse material means material that depicts or describes, in a way that reasonable persons would regard as being, in all the circumstances, offensive:
(a)  a person who is, appears to be or is implied to be, a child as a victim of torture, cruelty or physical abuse, or
(b)  a person who is, appears to be or is implied to be, a child engaged in or apparently engaged in a sexual pose or sexual activity (whether or not in the presence of other persons), or
(c)  a person who is, appears to be or is implied to be, a child in the presence of another person who is engaged or apparently engaged in a sexual pose or sexual activity, or
(d)  the private parts of a person who is, appears to be or is implied to be, a child.
(2)  The matters to be taken into account in deciding whether reasonable persons would regard particular material as being, in all the circumstances, offensive, include:
(a)  the standards of morality, decency and propriety generally accepted by reasonable adults, and
(b)  the literary, artistic or educational merit (if any) of the material, and
(c)  the journalistic merit (if any) of the material, being the merit of the material as a record or report of a matter of public interest, and
(d)  the general character of the material (including whether it is of a medical, legal or scientific character).
(3)  Material that depicts a person or the private parts of a person includes material that depicts a representation of a person or the private parts of a person (including material that has been altered or manipulated to make a person appear to be a child or to otherwise create a depiction referred to in subsection (1)).
(4)  The private parts of a person are:
(a)  a person’s genital area or anal area, or
(b)  the breasts of a female person.
91G   Children not to be used for production of child abuse material
(1)  Any person who:
(a)  uses a child who is under the age of 14 years for the production of child abuse material, or
(b)  causes or procures a child of that age to be so used, or
(c)  having the care of a child of that age, consents to the child being so used or allows the child to be so used,
is guilty of an offence.
Maximum penalty: imprisonment for 14 years.
(2)  Any person who:
(a)  uses a child who is of or above the age of 14 years for the production of child abuse material, or
(b)  causes or procures a child of that age to be so used, or
(c)  having the care of a child of that age, consents to the child being so used or allows the child to be so used,
is guilty of an offence.
Maximum penalty: imprisonment for 10 years.
(3)    (Repealed)
(4)  For the purposes of this section, a person may have the care of a child without necessarily being entitled by law to have the custody of the child.
(5)  Where on the trial of a person for an offence under subsection (1) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under subsection (2), it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
91H   Production, dissemination or possession of child abuse material
(1)  In this section:
disseminate child abuse material, includes:
(a)  send, supply, exhibit, transmit or communicate it to another person, or
(b)  make it available for access by another person, or
(c)  enter into any agreement or arrangement to do so.
possess child abuse material includes, in relation to material in the form of data, being in possession or control of data (within the meaning of section 308F (2)).
produce child abuse material includes:
(a)  film, photograph, print or otherwise make child abuse material, or
(b)  alter or manipulate any image for the purpose of making child abuse material, or
(c)  enter into any agreement or arrangement to do so.
(2)  A person who produces, disseminates or possesses child abuse material is guilty of an offence.
Maximum penalty: imprisonment for 10 years.
91HA   Defences
(1) Innocent production, dissemination or possession It is a defence in proceedings for an offence against section 91H that the defendant did not know, and could not reasonably be expected to have known, that he or she produced, disseminated or possessed (as the case requires) child abuse material.
(2)  It is a defence in proceedings for an offence against section 91H not involving the production or dissemination of child abuse material that the material concerned came into the defendant’s possession unsolicited and the defendant, as soon as he or she became aware of its nature, took reasonable steps to get rid of it.
(3) Public benefit It is a defence in proceedings for an offence against section 91H that the conduct engaged in by the defendant:
(a)  was of public benefit, and
(b)  did not extend beyond what was of public benefit.
(4)  Conduct is of public benefit if, and only if, the conduct is necessary for or of assistance in:
(a)  enforcing or administering a law of the State, or of another State, a Territory or the Commonwealth, or
(b)  monitoring compliance with, or investigating a contravention of, a law of the State, or of another State, a Territory or the Commonwealth, or
(c)  the administration of justice.
(5)  The question of whether a person’s conduct is of public benefit is a question of fact and the person’s motives for engaging in the conduct are irrelevant.
(6) Law enforcement officers It is a defence in proceedings for an offence against section 91H that:
(a)  the defendant was, at the time of the offence, a law enforcement officer acting in the course of his or her duties, and
(b)  the conduct of the defendant was reasonable in the circumstances for the purpose of performing that duty.
(7) Classified material It is a defence in proceedings for an offence against section 91H that the material concerned was classified (whether before or after the commission of the alleged offence) under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, other than as refused classification (RC).
(8) Approved research It is a defence in proceedings for an offence against section 91G or 91H that the conduct engaged in by the defendant:
(a)  was necessary for or of assistance in conducting scientific, medical or educational research that has been approved by the Attorney General in writing for the purposes of this section, and
(b)  did not contravene any conditions of that approval.
Division 15B Voyeurism and related offences
91I   Definitions
(1)  In this Division:
building includes a vehicle, vessel, tent or temporary structure.
private parts means:
(a)  a person’s genital area or anal area, whether bare or covered by underwear, or
(b)  the breasts of a female person, or transgender or intersex person identifying as female.
(2)  For the purposes of this Division, a person is engaged in a private act if:
(a)  the person is in a state of undress, using the toilet, showering or bathing, engaged in a sexual act of a kind not ordinarily done in public, or engaged in any other like activity, and
(b)  the circumstances are such that a reasonable person would reasonably expect to be afforded privacy.
(3)  For the purposes of this Division, a person films another person, or another person’s private parts, if the person causes one or more images (whether still or moving) of the other person or the other person’s private parts to be recorded or transmitted for the purpose of enabling the person or a third person to observe those images (whether during the filming or later).
91J   Voyeurism
(1) General offence A person who, for the purpose of obtaining sexual arousal or sexual gratification, observes a person who is engaged in a private act:
(a)  without the consent of the person being observed to being observed for that purpose, and
(b)  knowing that the person being observed does not consent to being observed for that purpose,
is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
(2)  An offence against subsection (1) is a summary offence.
(3) Aggravated offence A person who, for the purpose of obtaining sexual arousal or sexual gratification, observes a person who is engaged in a private act:
(a)  without the consent of the person being observed to being observed for that purpose, and
(b)  knowing that the person being observed does not consent to being observed for that purpose, and
(c)  in circumstances of aggravation,
is guilty of an offence.
Maximum penalty: imprisonment for 5 years.
(4)  In this section, circumstances of aggravation means circumstances in which:
(a)  the person whom the offender observed was a child under the age of 16 years, or
(b)  the offender constructed or adapted the fabric of any building for the purpose of facilitating the commission of the offence.
(5) Alternative verdict If on the trial of a person charged with an offence against subsection (3) the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (1), the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against subsection (1). The person is liable to punishment accordingly.
(6) Attempts A person who attempts to commit an offence under subsection (1) or (3) is liable to the penalty provided for the commission of the offence.
91K   Filming a person engaged in private act
(1) General offence A person who, for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, films another person who is engaged in a private act:
(a)  without the consent of the person being filmed to being filmed for that purpose, and
(b)  knowing that the person being filmed does not consent to being filmed for that purpose,
is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
(2)  An offence against subsection (1) is a summary offence.
(3) Aggravated offence A person who, for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, films another person who is engaged in a private act:
(a)  without the consent of the person being filmed to being filmed for that purpose, and
(b)  knowing that the person being filmed does not consent to being filmed for that purpose, and
(c)  in circumstances of aggravation,
is guilty of an offence.
Maximum penalty: imprisonment for 5 years.
(4)  In this section, circumstances of aggravation means circumstances in which:
(a)  the person whom the offender filmed was a child under the age of 16 years, or
(b)  the offender constructed or adapted the fabric of any building for the purpose of facilitating the commission of the offence.
(5) Alternative verdict If on the trial of a person charged with an offence against subsection (3) the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (1), the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against subsection (1). The person is liable to punishment accordingly.
(6) Attempts A person who attempts to commit an offence under subsection (1) or (3) is liable to the penalty provided for the commission of the offence.
91L   Filming a person’s private parts
(1) General offence A person who, for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, films another person’s private parts, in circumstances in which a reasonable person would reasonably expect the person’s private parts could not be filmed:
(a)  without the consent of the person being filmed to being filmed for that purpose, and
(b)  knowing that the person being filmed does not consent to being filmed for that purpose,
is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
(2)  An offence against subsection (1) is a summary offence.
(3) Aggravated offence A person who, for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, films another person’s private parts, in circumstances in which a reasonable person would expect that his or her private parts could not be filmed:
(a)  without the consent of the person being filmed to being filmed for that purpose, and
(b)  knowing that the person being filmed does not consent to being filmed for that purpose, and
(c)  in circumstances of aggravation,
is guilty of an offence.
Maximum penalty: imprisonment for 5 years.
(4)  In this section, circumstances of aggravation means circumstances in which:
(a)  the person whom the offender filmed was a child under the age of 16 years, or
(b)  the offender constructed or adapted the fabric of any building for the purpose of facilitating the commission of the offence.
(5) Alternative verdict If on the trial of a person charged with an offence against subsection (3) the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (1), the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against subsection (1). The person is liable to punishment accordingly.
(6) Attempts A person who attempts to commit an offence under subsection (1) or (3) is liable to the penalty provided for the commission of the offence.
(7) Double jeopardy A person cannot be convicted of both an offence against this section and an offence against section 91K in respect of conduct occurring on the same occasion.
91M   Installing device to facilitate observation or filming
(1) Offence A person who, with the intention of enabling that person or any other person to commit an offence against section 91J, 91K or 91L, installs any device, or constructs or adapts the fabric of any building, for the purpose of facilitating the observation or filming of another person, is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
(2)  An offence against this section is a summary offence.
(3) Alternative verdict If on the trial of a person charged with an offence against section 91J, 91K or 91L the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against this section, the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against this section. The person is liable to punishment accordingly.
Division 15C Recording and distributing intimate images
91N   Definitions
(1)  In this Division:
distribute includes:
(a)  send, supply, exhibit, transmit or communicate to another person, or
(b)  make available for viewing or access by another person,
whether in person or by electronic, digital or any other means.
engaged in a private act means:
(a)  in a state of undress, or
(b)  using the toilet, showering or bathing, or
(c)  engaged in a sexual act of a kind not ordinarily done in public, or
(d)  engaged in any other like activity.
image means a still or moving image, whether or not altered.
intimate image means:
(a)  an image of a person’s private parts, or of a person engaged in a private act, in circumstances in which a reasonable person would reasonably expect to be afforded privacy, or
(b)  an image that has been altered to appear to show a person’s private parts, or a person engaged in a private act, in circumstances in which a reasonable person would reasonably expect to be afforded privacy.
private parts means:
(a)  a person’s genital area or anal area, whether bare or covered by underwear, or
(b)  the breasts of a female person, or transgender or intersex person identifying as female.
record an image means record, take or capture an image, by any means.
(2)  A person may be regarded as having distributed an image to another person whether or not the other person views or accesses the image.
91O   Meaning of consent in intimate image offences
(1)  This section applies to all offences under this Division.
(2)  A person consents to the recording of an intimate image if the person freely and voluntarily agrees to the recording of the intimate image.
(3)  A person consents to the distribution of an intimate image if the person freely and voluntarily agrees to the distribution of the intimate image.
(4)  A person who consents to the recording or distribution of an image on a particular occasion is not, by reason only of that fact, to be regarded as having consented to the recording or distribution of that image or any other image on another occasion.
(5)  A person who consents to the distribution of an image to a particular person or in a particular way is not, by reason only of that fact, to be regarded as having consented to the distribution of that image or any other image to another person or in another way.
(6)  A person who distributes an image of himself or herself is not, by reason only of that fact, to be regarded as having consented to any other distribution of the image.
(7)  A person does not consent to the recording or distribution of an intimate image:
(a)  if the person is under the age of 16 years or does not otherwise have the capacity to consent, including because of cognitive incapacity, or
(b)  if the person does not have the opportunity to consent because the person is unconscious or asleep, or
(c)  if the person consents because of threats of force or terror (whether the threats are against, or the terror is instilled in, that person or any other person), or
(d)  if the person consents because the person is unlawfully detained.
(8)  This section does not limit the grounds on which it may be established that a person does not consent to the recording or distribution of an intimate image.
91P   Record intimate image without consent
(1)  A person who intentionally records an intimate image of another person:
(a)  without the consent of the person, and
(b)  knowing the person did not consent to the recording or being reckless as to whether the person consented to the recording,
is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 3 years, or both.
(2)  A prosecution of a person under the age of 16 years for an offence against this section is not to be commenced without the approval of the Director of Public Prosecutions.
91Q   Distribute intimate image without consent
(1)  A person who intentionally distributes an intimate image of another person:
(a)  without the consent of the person, and
(b)  knowing the person did not consent to the distribution or being reckless as to whether the person consented to the distribution,
is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 3 years, or both.
(2)  A prosecution of a person under the age of 16 years for an offence against this section is not to be commenced without the approval of the Director of Public Prosecutions.
91R   Threaten to record or distribute intimate image
(1)  A person who threatens to record an intimate image of another person:
(a)  without the consent of the other person, and
(b)  intending to cause that other person to fear that the threat will be carried out,
is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 3 years, or both.
(2)  A person who threatens to distribute an intimate image of another person:
(a)  without the consent of the other person, and
(b)  intending to cause that other person to fear that the threat will be carried out,
is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 3 years, or both.
(3)  A threat may be made by any conduct, and may be explicit or implicit and conditional or unconditional.
(4)  A person may threaten to distribute an image whether or not the image exists.
(5)  In proceedings for an offence against this section, the prosecution is not required to prove that the person alleged to have been threatened actually feared that the threat would be carried out.
(6)  A prosecution of a person under the age of 16 years for an offence against this section is not to be commenced without the approval of the Director of Public Prosecutions.
91S   Court may order rectification
(1)  A court that finds a person guilty of an offence against section 91P or 91Q may order the person to take reasonable actions to remove, retract, recover, delete or destroy any intimate image recorded or distributed by the person in contravention of the section within a period specified by the court.
(2)  A person who, without reasonable excuse, contravenes an order made under this section is guilty of an offence.
Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.
(3)  An offence against this section is a summary offence.
91T   Exceptions
(1)  A person does not commit an offence against section 91P or 91Q if:
(a)  the conduct alleged to constitute the offence was done for a genuine medical or scientific purpose, or
(b)  the conduct alleged to constitute the offence was done by a law enforcement officer for a genuine law enforcement purpose, or
(c)  the conduct alleged to constitute the offence was required by a court or otherwise reasonably necessary to be done for the purpose of legal proceedings, or
(d)  a reasonable person would consider the conduct of the accused person acceptable, having regard to each of the following (to the extent relevant):
(i)  the nature and content of the image,
(ii)  the circumstances in which the image was recorded or distributed,
(iii)  the age, intellectual capacity, vulnerability or other relevant circumstances of the person depicted in the image,
(iv)  the degree to which the accused person’s actions affect the privacy of the person depicted in the image,
(v)  the relationship between the accused person and the person depicted in the image.
(2)  In this section:
law enforcement officer means a police officer or other person who exercises law enforcement functions under a law of this State, another State, a Territory or the Commonwealth.
Division 16 Bigamy
92   Bigamy
Whosoever, being married, marries another person during the life of the former husband or wife, shall be liable to imprisonment for seven years:
Provided that no person shall be convicted under this section whose husband or wife has at the time of such second marriage been continually absent from such person for the space of seven years, or, if domiciled in New South Wales at the time of the first marriage, has been continually absent from New South Wales for the space of five years then last past, and was, on reasonable grounds, believed by the accused at the time of the second marriage not to be living, of which facts the proof shall lie on the accused.
Editorial note.
 See Marriage Act 1961 (Commonwealth), section 94.
93   Participator in bigamy
Whosoever, whether married or unmarried, marries the husband or wife of any person not continually so absent, as in the proviso to section 92 mentioned, knowing him or her to be married, and the former wife or husband to be alive, shall be liable to imprisonment for five years.
Editorial note.
 See Marriage Act 1961 (Commonwealth), section 94.