Victorian Current Acts

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Obtaining payment for sexual services provided by a child

S. 6(1) amended by Nos 48/1997 s. 70(2), 1/2010 s. 42(2)(Sch. item 10) (as amended by No. 63/2010 s. 27).

    (1)     A person must not receive a payment (except in the ordinary course of a business unrelated to sex work) knowing that it or any part of it has been derived, directly or indirectly, from sexual services provided by a child.

Penalty:     Level 4 imprisonment (15 years maximum).

    (2)     An offence against subsection (1) is an indictable offence.

S. 6(3) amended by No. 1/2010 s. 42(2)(Sch. item 11) (as amended by No. 63/2010 s. 27).

    (3)     If in a proceeding for an offence against subsection (1) it is proved that the accused was residing with a sex worker who was a child, the accused must be presumed to be guilty of the offence in the absence of proof to the contrary.

    (4)     In a proceeding for an offence against subsection (1)—

        (a)     it is not necessary for the prosecution to prove that the accused knew that the person concerned was a child; but

        (b)     it is a defence to the charge for the accused to prove that, having taken all reasonable steps to find out the age of the person concerned, the accused believed on reasonable grounds, at the time the offence is alleged to have been committed, that the person concerned was aged 18 years or more.

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