Subdivision 6 of the Crimes Act 1900 (NSW) relates to sexual touching involving children. It is an offence under section 66DA for sexual touching of a child under 10 and under section 66DB for sexual touching of a child between 10 and 16.

Elements

Section 66DA – Sexual touching of a child under 10

A person is guilty of an offence if they intentionally:

• sexually touch a child under 10 years of age, or
• incites a child under 10 years of age to sexually touch them, or
• incites a child under 10 years of age to sexually touch another person, or
• incites another person to sexually touch a child under 10 years of age.

Section 66DB – Sexual touching of a child between 10 and 16

A person is guilty of an offence if they intentionally:

• sexually touch a child aged 10 or older but under 16, or
• incites a child aged 10 or older but under 16 to sexually touch them, or
• incites a child aged 10 or older but under 16 to sexually touch another person, or
• incites another person to sexually touch a child aged 10 or older but under 16.

Penalties

Section 66DA – Sexual touching of a child under 10:

The maximum penalty for this offence is 16 years imprisonment.

Section 66DB – Sexual touching of a child between 10 and 16:

The maximum penalty for this offence is 10 years imprisonment.

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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