Under Section 66EC of the Crimes Act 1900 (NSW), it is an offence to groom a person for unlawful sexual activity with a child who is under that person’s authority.

Elements

A person is guilty of an offence if:

• an adult person provides another person, who is not a child, with financial or other material benefit, and
• an adult person does so with the intention of making it easier to procure a child who is under the authority of the person for unlawful sexual activity with the adult person or any other person.

Penalties

The maximum penalty for this offence is 6 years imprisonment if the child is under 14 years of age, and 5 years imprisonment in any other case.

Proceedings for an offence under this section can only be instituted by, or with the approval of, the Director of Public Prosecutions.

Definitions

In this section:

Adult person is a person aged 18 years or older.

Child is a person under the age of 16.

Unlawful sexual activity is an act that would constitute an offence under this Division or under Divisions 10A, 15, or 15A of the Act. Or an act occurring outside the State that would constitute such an offence if it had occurred within the State.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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