Victorian Current Acts

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CRIMES ACT 1958 - SECT 49Q

Causing or allowing a sexual performance involving a child

    (1)     A person (A) commits an offence if—

        (a)     A intentionally causes or allows another person (B) to take part in a sexual performance; and

        (b)     the sexual performance occurs in circumstances that involve any person receiving payment, reward or other benefit (whether before or after the performance) in respect of the performance; and

        (c)     B is a child under the age of 18 years.

    (2)     A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).

    (3)     In this section—

"sexual performance" means a live performance (whether in person or by an electronic communication within the meaning of the  Electronic Transactions (Victoria) Act   2000 ) that is, or could reasonably be considered to be, for the sexual arousal or sexual gratification of any person.

Notes

1     A defence applies to this offence—see section 49X.

2     A mistaken but honest and reasonable belief that the sexual performance did not occur in circumstances that involved payment, reward or other benefit to any person is not a defence to this offence—see section 49ZC.

S. 49R inserted by No. 47/2016 s. 16.



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