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Contents (1900 - 40)
Crimes Act 1900 No 40
Current version for 25 September 2017 to date (accessed 15 December 2017 at 07:51)
Part 3 Division 15
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(2)    (Repealed)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.