Crimes Act 1900

1 Name of Act This Act is the Crimes Act 1900.

2 Application of Act The provisions of this Act, so far as they can be applied, shall be in force with respect to all offences, whether at common law or by statute, whensoever committed and in whatsoever court tried.

4 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined For example, the signpost definition ‘motor vehicle—see the Road Transport (General) Act 1999, dictionary.’ means that the term ‘motor vehicle’ is defined in that dictionary and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

5 Meaning of loaded arms For this Act, a firearm, airgun or air pistol that is unlawfully presented at a person is taken, unless the contrary is proved, to be loaded arms.

6 Reference to the jury read as reference to magistrate In a provision of this Act relating to an offence, a reference to the jury is, if a person charged with the offence is dealt with summarily, a reference to the magistrate.

Preliminary Part 1

7 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

7A Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1): • s 26A (Assault of frontline community service provider) • s 28AA (Food or drink spiking) • s 28A (Throwing etc objects at vehicles) • s 28B (Discharging firearm at building or conveyance) • s 29A (Driving motor vehicle at police) • s 29B (Damaging police vehicle) • s 35A (Affray) • s 36A (Abuse of vulnerable person) • s 36B (Failure to protect vulnerable person from criminal offence) • s 36C (Neglect of vulnerable person) • s 55A (Sexual intercourse with young person under special care) • s 61A (Act of indecency with young person under special care) • s 61B (Intimate observations or capturing visual data etc) • s 63A (Bestiality) • s 64 (Using child for production of child exploitation material etc) • s 64A (Trading in child exploitation material) • s 65 (Possessing child exploitation material) • s 72C (Non-consensual distribution of intimate images) • s 72D (Distribution of intimate image of young person) • s 72E (Threaten to capture or distribute intimate images) • s 72H (Court may order rectification) • s 114B (Money laundering)

• s 114C (Possession etc of property suspected of being proceeds of crime) • s 114D (1) (Organised fraud) • s 119 (Defacing premises) • s 120 (Defacing premises––strict liability) • s 171 (Prescribing and supplying anabolic steroids) • s 172 (Possessing anabolic steroids) • s 173 (Administering anabolic steroids) • s 252ZA (Premises must not be fortified) • s 252ZB (Fortification must not be replaced or restored) • s 393A (Urinating in public place) • s 394 (Noise abatement directions) • s 439 (Offence of criminal defamation). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 The Criminal Code, ch 2 (other than the applied provisions) also applies to an offence mentioned in s 72AA (1) if the chapter applied to the offence before the commencement of s 72AA (see s 72AA (4) (b)). Note 3 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

8 Public place etc If, by this or any other Act, any offence, conduct, or language, in a public place, or open and public place, or place of public resort, is made punishable, or a person guilty thereof is made liable by apprehension, the place shall be deemed public for the purposes of the enactment or taken to be otherwise within its meaning if the same, although a vessel or vehicle only, or a room, or field, or place, ordinarily private, was at the time used for a public purpose, or as a place of common resort, or was open to the public on the payment of money or otherwise.

Preliminary Part 1

9 Abolition of distinctions between felony and misdemeanour All distinctions between felony and misdemeanour are abolished.

9A Meaning of aggravated offence—pt 2 aggravated offence— (a) for an offence committed against a pregnant person—see section 48A (2); and (b) for an offence involving family violence—see section 48C (2).

10 When child born alive For this part, a child shall be taken to have been born alive if he or she has breathed and has been wholly born, whether or not he or she has had an independent circulation.

11 No time limit on criminal responsibility for homicide (1) Any rule of law that a death which occurs more than a year and a day after the injury that caused it is to be conclusively presumed not to have been caused by the injury, is abolished. (2) This section does not apply in respect of an injury received before the commencement of this section.

12 Murder (1) A person commits murder if he or she causes the death of another person— (a) intending to cause the death of any person; or (b) with reckless indifference to the probability of causing the death of any person; or (c) intending to cause serious harm to any person.

(2) A person who commits murder is guilty of an offence punishable, on conviction, by imprisonment for life. serious harm—see the Criminal Code, dictionary.

13 Trial for murder—provocation (1) If, on a trial for murder— (a) it appears that the act or omission causing death occurred under provocation; and (b) apart from this subsection and the provocation, the jury would have found the accused guilty of murder; the jury shall acquit the accused of murder and find him or her guilty of manslaughter. (2) For subsection (1), an act or omission causing death shall be taken to have occurred under provocation if— (a) the act or omission was the result of the accused’s loss of self-control induced by any conduct of the deceased (including grossly insulting words or gestures) towards or affecting the accused; and (b) the conduct of the deceased was such as could have induced an ordinary person in the position of the accused to have so far lost self-control— (i) as to have formed an intent to kill the deceased; or (ii) as to be recklessly indifferent to the probability of causing the deceased’s death; or (iii) as to have formed an intent to cause serious harm to the deceased; whether that conduct of the deceased occurred immediately before the act or omission causing death or at any previous time.

(3) However, conduct of the deceased consisting of a non-violent sexual advance (or advances) towards the accused— (a) is taken not to be sufficient, by itself, to be conduct to which subsection (2) (b) applies; but (b) may be taken into account together with other conduct of the deceased in deciding whether there has been an act or omission to which subsection (2) applies. (4) For the purpose of determining whether an act or omission causing death occurred under provocation, there is no rule of law that provocation is negatived if— (a) there was not a reasonable proportion between the act or omission causing death and the conduct of the deceased that induced the act or omission; or (b) the act or omission causing death did not occur suddenly; or (c) the act or omission causing death occurred with any intent to take life or inflict grievous bodily harm. (5) If, on a trial for murder, there is evidence that the act or omission causing death occurred under provocation, the onus of proving beyond reasonable doubt that the act or omission did not occur under provocation lies on the prosecution. (6) This section does not exclude or limit any defence to a charge of murder. serious harm—see the Criminal Code, dictionary.

14 Trial for murder—diminished responsibility (1) A person on trial for murder shall not be convicted of murder if, when the act or omission causing death occurred, the accused was suffering from an abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent cause or whether it was induced by disease or injury) that substantially impaired his or her mental responsibility for the act or omission. (2) An accused has the onus of proving that he or she is, under subsection (1), not liable to be convicted of murder. (3) A person who, apart from subsection (1), would be liable (whether as principal or accessory) to be convicted of murder is liable to be convicted of manslaughter. (4) The fact that a person is, under subsection (1), not liable to be convicted of murder does not affect the question whether any other person is liable to be convicted of murder in respect of the same death. (5) If, on a trial for murder, the accused contends— (a) that he or she is entitled to be acquitted on the ground that he or she was mentally ill at the time of the act or omission causing the death; or (b) that he or she is, under subsection (1), not liable to be convicted of murder; the prosecution may offer evidence tending to prove the other of those contentions and the court may give directions as to the stage of the proceedings when that evidence may be offered.

15 Manslaughter (1) Except if a law expressly provides otherwise, an unlawful homicide that is not, under section 12, murder shall be taken to be manslaughter.

(2) A person who commits manslaughter is guilty of an offence punishable, on conviction, by imprisonment for 20 years. (3) However, for an aggravated offence against this section, the maximum penalty is imprisonment for 28 years.

16 Suicide etc—not an offence The rule of law that it is an offence for a person to commit, or to attempt to commit, suicide is abolished.

17 Suicide—aiding etc (1) A person who aids or abets the suicide or attempted suicide of another imprisonment for 10 years. (a) a person incites or counsels another person to commit suicide; and (b) the other person commits, or attempts to commit, suicide as a consequence of that incitement or counselling; conviction, by imprisonment for 10 years.

18 Prevention of suicide It is lawful for a person to use the force that is reasonable to prevent the suicide of another person or any act that the person believes on reasonable grounds would, if committed, result in the suicide of

19 Intentionally inflicting grievous bodily harm (1) A person who intentionally inflicts grievous bodily harm on another imprisonment for 20 years. maximum penalty is imprisonment for 25 years.

20 Recklessly inflicting grievous bodily harm (1) A person who recklessly inflicts grievous bodily harm on another imprisonment for 13 years.

21 Wounding (1) A person who intentionally wounds another person is guilty of an offence punishable, on conviction, by imprisonment for 5 years.

22 Assault with intent to commit other offence A person who assaults another person with intent to commit another offence against this part punishable by imprisonment for a maximum period of 5 years or longer is guilty of an offence punishable, on conviction, by imprisonment for 5 years.

23 Inflicting actual bodily harm (1) A person who intentionally or recklessly inflicts actual bodily harm on another person is guilty of an offence punishable, on conviction,

24 Assault occasioning actual bodily harm (1) A person who assaults another person and by the assault occasions actual bodily harm is guilty of an offence punishable, on conviction,

25 Causing grievous bodily harm A person who, by any unlawful or negligent act or omission, causes grievous bodily harm to another person is guilty of an offence punishable, on conviction, by imprisonment for 5 years.

26 Common assault (1) A person who assaults another person is guilty of an offence punishable, on conviction, by imprisonment for 2 years. maximum penalty is imprisonment for 3 years.

26A Assault of frontline community service provider (a) the person assaults another person; and (b) the other person is a frontline community service provider; and (c) the person knows, or is reckless about whether, the other person is a frontline community service provider; and (d) the assault is committed— (i) when the frontline community service provider is exercising a function given to the person as a frontline community service provider; or (ii) as a consequence of, or in retaliation for, action taken by the person in exercising a function as a frontline community service provider; or (iii) because the person is a frontline community service provider.

(2) For subsection (1) (c), it is presumed, unless there is evidence to the contrary, that the defendant knew that the person was a frontline community service provider if— (a) the person identified themselves as a frontline community service provider; or (b) the fact that the person was a frontline community service provider was reasonably apparent, having regard to all of the circumstances, including the conduct and manner of the frontline community service provider. 1 the frontline community service provider was in uniform 2 the frontline community service provider was in an emergency vehicle (3) The defendant has an evidential burden in relation to evidence to the contrary mentioned in subsection (2). (4) For subsection (1) (d) (i) and (ii)— (a) strict liability applies to the circumstance that the frontline community service provider was exercising a function as a frontline community service provider; and (b) it does not matter if the frontline community service provider was off duty when exercising a function as a frontline community service provider. corrections worker means a corrections officer, or an interstate escort officer, exercising a function under the Corrections Management Act 2007. frontline community service provider means— (b) a protective service officer; or (c) a corrections worker; or

(d) a member of an emergency service. interstate escort officer means a person mentioned in the Corrections Management Act 2007, section 213. member, of an emergency service— (a) see the Emergencies Act 2004, dictionary; and (b) includes— (i) a person operating in the ACT in accordance with a cooperative arrangement under the Emergencies Act 2004, section 176; and (ii) a person employed by the ACT Emergency Services Agency; and (iii) a volunteer assisting the ACT Emergency Services Agency. protective service officer means a person in relation to whom a declaration under the Australian Federal Police Act 1979 (Cwlth), section 40EA is in force.

26B Assault of frontline community service provider— alternative verdict section 26A, the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed an offence against section 26 (Common assault). (2) The trier of fact may find the defendant guilty of the offence against section 26 but only if the defendant has been given procedural fairness in relation to that finding of guilt.

27 Acts endangering life etc choke, a person, includes apply pressure, to any extent, to the person’s neck. conveyance means a vehicle (including an aircraft) or vessel of a kind used for transporting persons, animals or goods. public utility service means— (a) the supply of electricity, gas or water; or (b) the supply of fuel; or (c) the collection and disposal of sewerage and other waste; as a service to the public. strangle, a person, includes apply pressure, to any extent, to the person’s neck. suffocate, a person, includes the following: (a) obstruct, to any extent, any part of the person’s— (i) respiratory system; or (ii) accessory systems of respiration; (b) interfere, to any extent, with the operation of the person’s— (i) respiratory system; or (ii) accessory systems of respiration; (c) impede, to any extent, the person’s respiration. transport facility means a facility provided to permit the transportation of persons, animals or goods, whether by air or over land or water, or provided in connection with such transportation.

(2) For subsection (3) (g), an interference shall be taken to include any act or omission that, whether temporarily or permanently, damages, renders inoperative, obstructs, causes to malfunction or puts to an improper purpose. (3) A person who intentionally and unlawfully— (a) chokes, suffocates or strangles another person so as to render that person insensible or unconscious or, by any other means, renders another person insensible or unconscious; or (b) administers to, or causes to be taken by, another person any stupefying or overpowering drug or poison or any other injurious substance likely to endanger human life or cause a person grievous bodily harm; or (c) uses against another person any offensive weapon likely to endanger human life or cause a person grievous bodily harm; or (d) discharges any loaded arms at another person or so as to cause another person reasonable apprehension for his or her safety; or (e) causes an explosion or throws, places, sends or otherwise uses any explosive device or any explosive, corrosive or inflammable substance in circumstances likely to endanger human life or cause a person grievous bodily harm; or (f) sets a trap or device for the purpose of creating circumstances likely to endanger human life or cause a person (including a trespasser) grievous bodily harm; or (g) interferes with any conveyance or transport facility or any public utility service in circumstances likely to endanger human life or cause a person grievous bodily harm; or

(h) interferes with a prescribed traffic control device (within the meaning of the Road Transport (Safety and Traffic Management) Act 1999) in circumstances likely to endanger life or cause a person grievous bodily harm; for— (i) in the case of an aggravated offence against this section— (j) in any other case—10 years. (4) A person who does an act referred to in subsection (3)— (a) intending to commit an indictable offence against this part punishable by imprisonment for a maximum period exceeding 10 years; or (b) intending to prevent or hinder his or her lawful apprehension or detention or that of another person; or (c) intending to prevent or hinder a police officer from lawfully investigating an act or matter that reasonably calls for investigation by the officer; for 15 years.

28 Acts endangering health etc choke, a person—see section 27 (1). conveyance—see section 27 (1). interferes with—see section 27 (2).

public utility service—see section 27 (1). strangle, a person—see section 27 (1). suffocate, a person—see section 27 (1). transport facility—see section 27 (1). (2) A person who intentionally and unlawfully— (a) chokes, suffocates or strangles another person; or (b) administers to, or causes to be taken by, another person any poison or other injurious substance with intent to injure or cause pain or discomfort to that person; or (c) causes an explosion or throws, places, sends or otherwise uses any explosive device or any explosive, corrosive or inflammable substance in circumstances dangerous to the health, safety or physical wellbeing of another person; or (d) sets a trap or device for the purpose of creating circumstances dangerous to the health, safety or physical wellbeing of another person (including a trespasser); or (e) interferes with any conveyance or transport facility or any public utility service in circumstances dangerous to the health, safety or physical wellbeing of another person; for— (f) in the case of an aggravated offence against this section— 7 years; or (g) in any other case—5 years.

28AA Food or drink spiking (i) gives or causes another person to be given food or drink; or (ii) causes another person to consume food or drink; and (b) the food or drink contains an intoxicating substance; and (c) the other person is not aware the food or drink contains the intoxicating substance; and (d) the person intends a person to be harmed by the consumption of the food or drink. (2) A person commits an offence if— (i) gives or causes another person to be given food or drink; or (ii) causes another person to consume food or drink; and (b) the food or drink contains more of an intoxicating substance than the other person would reasonably expect it to contain; and (c) the person intends a person to be harmed by the consumption of the food or drink.

(3) It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant is a health practitioner and the intoxicating substance was given to the other person in the course of practising a health profession. give, food or drink, includes— (a) prepare food or drink; or (b) make food or drink available for consumption. harm, to a person, includes impairment of the senses or understanding that the person might reasonably be expected to object to in the circumstances. impair includes further impair. intoxicating substance includes any substance that affects a person’s senses or understanding.

28A Throwing etc objects at vehicles (a) the person intentionally throws an object at, drops an object on, or places an object in the path of, a vehicle; and (b) the vehicle is on a road, road related area or railway; and (c) a person is in the vehicle; and (d) the conduct risks the safety of any person. Note The fault element of recklessness applies to pars (b), (c) and (d) (see Criminal Code, s 22 (2)).

(2) For subsection (1) (b), the vehicle may be moving, parked or otherwise stopped. (3) In a prosecution for an offence against this section it is not necessary to prove that the object made contact with the vehicle. road—see the Road Transport (General) Act 1999, dictionary. road related area—see the Road Transport (General) Act 1999, vehicle includes the following: (a) a motor vehicle; (b) a light rail vehicle, train or tram; (c) a bicycle; (d) a vehicle drawn by an animal or an animal ridden by a person.

28B Discharging firearm at building or conveyance (1) A person commits an offence if the person recklessly discharges a firearm at a building or conveyance. building includes— (a) part of a building; or (b) a mobile home, caravan, tent or other temporary structure. conveyance includes an aircraft, vehicle or vessel. firearm includes an airgun and air pistol.

29 Culpable driving of motor vehicle drug—see the Road Transport (Alcohol and Drugs) Act 1977, (2) A person who, by the culpable driving of a motor vehicle, causes the death of another person is guilty of an offence punishable, on conviction, by imprisonment for 14 years. (3) However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 16 years. (4) A person who, by the culpable driving of a motor vehicle, causes grievous bodily harm to another person is guilty of an offence punishable, on conviction, by imprisonment for 10 years. (5) However, for an aggravated offence against subsection (4), the maximum penalty is imprisonment for 12 years. (6) For this section, a person shall be taken to drive a motor vehicle culpably if the person drives the vehicle— (a) negligently; or (b) while under the influence of alcohol, or a drug, to such an extent as to be incapable of having proper control of the vehicle. (7) For this section, a person shall be taken to drive a motor vehicle negligently if the person fails unjustifiably and to a gross degree to observe the standard of care that a reasonable person would have observed in all the circumstances of the case. (8) An information or indictment for an offence against subsection (2) or (4) shall specify the nature of the culpability, within the meaning of subsection (6), that is alleged.

(9) Nothing in subsection (8) renders inadmissible in proceedings for an offence against subsection (2) or (4) evidence that, apart from that subsection, would be admissible in the proceedings. (10) Nothing in this section affects— (a) the liability of a person to be convicted of murder or manslaughter or any other offence; or (b) the punishment that may be imposed for such an offence. Note Under the Road Transport (General) Act 1999, s 62 (Automatic disqualification for culpable driving), if a person is convicted, or found guilty, of an offence against this section, the person is automatically disqualified from holding or obtaining a driver licence. (11) A person who has been convicted or acquitted of an offence against subsection (2) or (4) is not liable to be convicted of any other offence against this Act on the same facts or on substantially the same facts. (12) Subject to section 49, a person is not liable to be convicted of an offence against subsection (2) or (4) if the person has been convicted or acquitted of any other offence on the same facts or on substantially the same facts.

29A Driving motor vehicle at police (a) the person drives a motor vehicle near or at a police officer; and (b) the person knows, or is reckless about whether, the police officer is a police officer; and (c) the police officer is exercising a function given to the officer as a police officer; and

(i) intends to risk the police officer’s safety by that conduct; or (ii) is reckless about risking the police officer’s safety by that conduct. Maximum penalty: imprisonment for 15 years. (2) Strict liability applies to subsection (1) (c). (3) For subsection (1) (b), it is presumed, unless there is evidence to the contrary, that the defendant knew that the police officer was a police officer if— (a) the officer identified themselves as a police officer; or (b) the officer was inside a vehicle that stated “police” on the outside of the vehicle; or (c) the officer was inside a vehicle and it was reasonably apparent that the vehicle was being used, or was ordinarily used, by a police officer in the exercise of the officer’s functions; or (d) the fact that the police officer was a police officer was reasonably apparent, having regard to all of the circumstances, including the conduct and manner of the police officer. Example—par (c) the vehicle was an unmarked car displaying a flashing blue or red light (whether or not it was displaying other lights) or was using a siren (4) The defendant has an evidential burden in relation to evidence to the contrary mentioned in subsection (3). (5) A person may be guilty of an offence against this section regardless of whether the person’s driving injured the police officer.

29B Damaging police vehicle (a) the person drives a motor vehicle and causes damage to a police vehicle by that conduct; and (b) the person knows, or is reckless about whether, the damaged vehicle is a police vehicle; and (c) the person intends to cause, or is reckless about causing, damage to the police vehicle. (2) For subsection (1) (b), it is presumed, unless there is evidence to the contrary, that the defendant knew that the damaged vehicle was a police vehicle if— (a) the vehicle stated “police” on the outside of the vehicle; or (b) the fact that the vehicle was a police vehicle was reasonably apparent, having regard to all of the circumstances, including the manner in which it was being driven. Example—par (b) the vehicle was an unmarked car displaying a flashing blue or red light (whether or not it was displaying other lights) or was using a siren (3) The defendant has an evidential burden in relation to evidence to the contrary mentioned in subsection (2). (4) A person may be guilty of an offence against this section regardless of whether the damaged vehicle was occupied by a police officer. police vehicle means a motor vehicle that is being used, or is ordinarily used, by a police officer in the exercise of the officer’s functions.

30 Threat to kill If— (a) a person makes a threat to another person to kill that other person or any third person— (i) intending that other person to fear that the threat would be (ii) being reckless whether or not that other person would fear (b) the threat is made— (i) without lawful excuse; and (ii) in circumstances in which a reasonable person would fear that the threat would be carried out; conviction, by imprisonment for— (c) in the case of an aggravated offence against this section— (d) in any other case—10 years.

31 Threat to inflict grievous bodily harm If— (a) a person makes a threat to another person to inflict grievous bodily harm on that other person or any third person— (i) intending that other person to fear that the threat would be

(ii) being reckless whether or not that other person would fear (b) the threat is made— (i) without lawful excuse; and (ii) in circumstances in which a reasonable person would fear that the threat would be carried out; conviction, by imprisonment for— (c) in the case of an aggravated offence against this section— 7 years; or (d) in any other case—5 years.

32 Demands accompanied by threats (1) A person who— (a) makes a demand of another person; or (b) resists, prevents or hinders his or her lawful apprehension or detention, or that of another person; or (c) prevents or hinders a police officer from lawfully investigating any act or matter that reasonably calls for investigation by the with a threat to kill or inflict grievous bodily harm on a person (other than the offender or an accomplice of the offender) is guilty of an offence punishable, on conviction, by imprisonment for— (d) in the case of an aggravated offence against this section— 25 years; or (e) in any other case—20 years.

(a) makes a demand of another person; or (b) resists, prevents or hinders his or her lawful apprehension or detention, or that of another person; or (c) prevents or hinders a police officer from lawfully investigating any act or matter that reasonably calls for investigation by the with a threat to endanger the health, safety or physical wellbeing of a person (other than the offender or an accomplice of the offender) is guilty of an offence punishable, on conviction, by imprisonment for— (d) in the case of an aggravated offence against this section— (e) in any other case—10 years.

33 Possession of object with intent to kill etc (a) has possession of an object capable of causing harm to another (b) intends to use the object, or to cause or permit another person to use the object, unlawfully to kill another person or cause grievous bodily harm to another person; for 5 years.

34 Forcible confinement A person who unlawfully confines or imprisons another person is

35 Stalking (1) A person must not stalk someone with intent— (a) to cause apprehension, or fear of harm, in the person stalked or someone else; or (b) to cause harm to the person stalked or someone else; or (c) to harass the person stalked. (a) for an aggravated offence against this section— (i) imprisonment for 7 years if— (A) the offence involved a contravention of an injunction or other order made by a court; or (B) the offender was in possession of an offensive weapon; or (ii) in any other case—imprisonment for 3 years; or (b) for an offence against this section other than an aggravated offence— (i) imprisonment for 5 years if— (A) the offence involved a contravention of an injunction or other order made by a court; or (B) the offender was in possession of an offensive weapon; or

(ii) in any other case—imprisonment for 2 years. (2) For this section, a person stalks someone else (the stalked person) if, on at least 2 occasions, the person does 1 or more of the following: (a) follows or approaches the stalked person; (b) loiters near, watches, approaches or enters a place where the stalked person resides, works or visits; (c) keeps the stalked person under surveillance; (d) interferes with property in the possession of the stalked person; (e) gives or sends offensive material to the stalked person or leaves offensive material where it is likely to be found by, given to or brought to the attention of, the stalked person; (f) telephones, sends electronic messages to or otherwise contacts the stalked person; (g) sends electronic messages about the stalked person to anybody else; (h) makes electronic messages about the stalked person available to anybody else; (i) acts covertly in a way that could reasonably be expected to arouse apprehension or fear in the stalked person; (j) engages in conduct amounting to intimidation, harassment or molestation of the stalked person. (3) However, this section does not apply to reasonable conduct engaged in by a person as part of the person’s employment if it is a function of the person’s employment to engage in the conduct and the conduct is not otherwise unlawful.

(4) Without limiting subsection (1), a person is also taken to have the intent mentioned in the subsection if the person knows that, or is reckless about whether, stalking the other person would be likely— (a) to cause apprehension or fear of harm in the person stalked or someone else; or (b) to harass the person stalked. (5) In a prosecution for an offence against subsection (1), it is not necessary to prove that the person stalked or someone else apprehended or feared harm or that the person stalked was harassed. (6) For this section: harm means physical harm, harm to mental health, or disease, whether permanent or temporary. harm to mental health includes psychological harm. physical harm includes unconsciousness, pain, disfigurement and physical contact that might reasonably be objected to in the circumstances, whether or not there was an awareness of the contact at the time.

35A Affray (d) the violence or threat would be likely to cause a reasonable person to fear for his or her safety.

(2) A person commits an offence if— (d) 2 or more other people present are also engaging in conduct that is violence, or the threat of violence, directed towards someone else; and (e) the conduct of the person and the other people taken together would be likely to cause a reasonable person to fear for their safety. (d) 5 or more other people present are also engaging in conduct that is violence, or the threat of violence, directed towards someone else; and (e) the conduct of the person and the other people taken together would be likely to cause a reasonable person to fear for their safety. (4) For an offence against this section— (a) the violence or the threat of violence— (i) must involve more than words; and (ii) need not be carried out in common purpose with any other

(b) a person towards whom the violence or threat of violence is directed does not need to be involved in the violence or threat; and (c) a reasonable person does not need to be, or be likely to be, present at the place where the conduct happened; and (d) a person does not need to have actually feared for their safety. engage in conduct—see the Criminal Code, section 13. 35AA Affray—alternative verdicts section 35A (2) or (3), the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed another offence against section 35A carrying a lesser penalty than the offence charged. that finding of guilt.

36 Torture act of torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person— (a) for such purposes as— (i) obtaining from the person or from a third person information or a confession; or (ii) punishing the person for an act that the person or a third person has committed or is suspected of having committed; or

(iii) intimidating or coercing the person or a third person; or (b) for any reason based on discrimination of any kind; but does not include an act arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the articles of the International Covenant on Civil and Political Rights (being the covenant a copy of the English text of which is set out in the Australian Human Rights Commission Act 1986 (Cwlth), schedule 2. (a) is a public employee or acting in an official capacity; or (b) is acting at the instigation, or with the consent or acquiescence, of a public employee or a person acting in an official capacity; and who commits an act of torture is guilty of an offence punishable, on conviction, by imprisonment for 10 years.

36A Abuse of vulnerable person (a) the person is responsible for providing care to a vulnerable (b) the person engages in abusive conduct towards the vulnerable (c) the conduct results in— (i) harm to the vulnerable person; or (ii) a financial benefit for the person or someone else associated with the person; and

(d) the person is reckless about— (i) if the vulnerable person suffers harm—causing the harm; or (ii) if the person or someone else associated with the person obtains a financial benefit—obtaining the benefit. (a) if the person’s conduct results in harm, other than serious harm, or a financial benefit—imprisonment for 3 years; or (b) if the person’s conduct results in serious harm—imprisonment for 5 years. (2) Without limiting subsection (1) (a), a defendant is responsible for providing care to a vulnerable person— (a) if the defendant exercises control over any aspect of the care needed by the vulnerable person; and (b) regardless of whether the care of the vulnerable person is short-term or long-term care. if the defendant proves that— (a) the defendant’s conduct was reasonable in all the circumstances; or (b) for a defendant who is associated with a relevant institution providing care to the vulnerable person— (i) the defendant’s conduct complied with— (A) the relevant institution’s procedures and practices for the care, supervision or control of the vulnerable

(B) the direction of a person in authority in the relevant institution; or (ii) the abusive conduct happened as a result of circumstances beyond the defendant’s control. (4) For subsection (3) (b), a defendant is associated with a relevant institution if the defendant— abusive conduct, engaged in by a person (the abusive person) toward a vulnerable person, means an act or omission— (a) that is directed at the vulnerable person, and is of a violent, threatening, intimidating or sexually inappropriate nature; or (b) that— (i) is directed at the vulnerable person, or someone known to the vulnerable person, and is reasonably likely to— (A) make the vulnerable person dependent on or subordinate to the abusive person; or (B) isolate the vulnerable person from friends or family; or (C) limit the vulnerable person’s access to services needed by the vulnerable person; or

(D) deprive or restrict the vulnerable person’s freedom of action; or (E) frighten, humiliate, degrade or punish the vulnerable (ii) is not reasonably necessary for the safe and effective care of the vulnerable person, or for the safety of another person who is present or nearby. harm means physical, psychological or financial detriment. relevant institution means— (a) an entity, other than an individual, that operates facilities for, engages in activities with, or provides services to, vulnerable people under the entity’s care, supervision or control; or (b) a group of entities mentioned in paragraph (a) if the entities— (i) interact with each other, share similar characteristics and collectively have a sense of unity; or (ii) are controlled, managed or governed by another entity. Examples—par (a) religious organisations, hospitals, nursing homes Example—par (b) a group of nursing homes controlled by a religious organisation or operated by a company serious harm means any harm (including the cumulative effect of more than 1 harm) that— (a) endangers, or is likely to endanger, human life; or (b) is, or is likely to be, significant and longstanding.

vulnerable person means an adult who— (a) has a disability within the meaning of the Disability Services Act 1991; or (b) is at least 60 years old and— (i) has a disorder, illness or disease that affects the person’s thought processes, perception of reality, emotions or judgment or otherwise results in disturbed behaviour; or (ii) has an impairment that— (A) is intellectual, psychiatric, sensory or physical in nature; and (B) results in a substantially reduced capacity of the person for communication, learning or mobility; or (iii) for any other reason is socially isolated or unable to participate in the life of the person’s community.

36B Failure to protect vulnerable person from criminal offence (a) the person is a person in authority in a relevant institution (the person in authority); and (b) there is a substantial risk that a serious offence will be committed against a vulnerable person under the institution’s care, supervision or control by— (i) a person associated with the institution; or (ii) by another person in authority in the institution; and (c) the person in authority is aware that the risk exists; and (d) the person in authority can, because of the position the person occupies in the institution, reduce or remove the risk; and

(e) the person in authority recklessly or negligently fails to reduce or remove the risk. (a) it does not matter that an act or omission constituting the criminal offence happens, or is at risk of happening, outside the ACT if— (i) the vulnerable person was in the ACT at any time the person in authority was aware that the risk mentioned in subsection (1) (b) existed; or (ii) the person mentioned in subsection (1) (b) (i) or (ii) was a person associated with, or in authority in, a relevant institution in the ACT at any time the person in authority was aware that the risk existed; and (b) it is not necessary to prove that a criminal offence has been committed. associated—a person is associated with a relevant institution if the person— relevant institution—see section 36A (5).

(a) an offence punishable by imprisonment for 5 years or longer; or (b) an offence in another jurisdiction that would be an offence under paragraph (a) if committed in the ACT. vulnerable person—see section 36A (5).

36C Neglect of vulnerable person (a) the person is responsible for providing care to a vulnerable (b) the person recklessly or negligently fails to provide the vulnerable person with the necessities of life that are a necessary part of the care the person is responsible for providing to the vulnerable person; and (c) the person’s failure causes serious harm to the vulnerable (2) Without limiting subsection (1) (a), a defendant is responsible for providing care to a vulnerable person— (a) if the defendant exercises control over any aspect of the care needed by the vulnerable person; and (b) regardless of whether the care of the vulnerable person is short-term or long-term care.

if the defendant proves that— (a) the defendant’s conduct was reasonable in all the circumstances; or (b) for a defendant who is associated with a relevant institution providing care to the vulnerable person— (i) the defendant’s conduct complied with— (A) the relevant institution’s procedures and practices for the care, supervision or control of the vulnerable (B) the direction of a person in authority in the relevant institution; or (ii) the failure to provide the necessities of life happened as a result of circumstances beyond the defendant’s control. (4) For subsection (3) (b), a defendant is associated with a relevant institution if the defendant— necessities of life includes adequate food, clothing, shelter, hygiene and health care. relevant institution—see section 36A (5).

serious harm—see section 36A (5). vulnerable person—see section 36A (5).

37 Abduction of young person A person who unlawfully takes, or causes to be taken, an unmarried person under the age of 16 years out of the lawful control and against the will of a person having lawful control of the unmarried person is 5 years.

38 Kidnapping A person who leads, takes or entices away or detains a person with intent to hold that person for ransom or for any other advantage to any person is guilty of an offence punishable, on conviction, by— (a) if that other person suffers any grievous bodily harm while being so led, taken or enticed away, or detained—imprisonment for 20 years; or

39 Neglect etc of children (1) A person must not— (a) ill-treat or abuse a child who is in the person’s care; or (b) neglect a child for whom he or she is caring or has parental responsibility. (2) A person is not guilty of an offence referred to in subsection (1) (b) by reason only of failing to provide a thing for a child if the person did not provide the thing because he or she could not afford to do so.

(3) A person must not, knowingly or recklessly, leave a child unattended in such circumstances and for such a time that the child could suffer injury or sickness or otherwise be in danger. Maximum penalty: 100 penalty units, imprisonment for 1 year or (4) A police officer, medical practitioner or director-general responsible for the Children and Young People Act 2008 may act (including by entering any building, place or vehicle, with such force that is necessary and reasonable) if the police officer, medical practitioner or director-general reasonably believes— (a) that a child is being or has been ill-treated, abused or neglected as mentioned in subsection (1) or left unattended as mentioned in subsection (3); and (b) that it is necessary to act immediately to safeguard the child. (5) An action does not lie against a person by reason of the person having acted under subsection (4) in good faith, without negligence and with reasonable care in the circumstances. parental responsibility, for a child, means all the duties, powers, responsibilities and authority parents ordinarily have by law in relation to their children.

40 Unlawfully taking child etc A person who, by force or deception, leads, takes or entices away or detains a child under the age of 12 years— (a) intending unlawfully to deprive another person of the lawful control of the child; or (b) intending to steal any article on or about the person of the child; for 10 years.

41 Exposing or abandoning child A person who unlawfully abandons or exposes a child under the age of 2 years and by the abandonment or exposure endangers the life or health of the child is guilty of an offence punishable, on conviction,

42 Child destruction A person who unlawfully and, either intentionally or recklessly, by any act or omission occurring in relation to a childbirth and before the child is born alive— (a) prevents the child from being born alive; or (b) contributes to the child’s death; for 15 years.

43 Childbirth—grievous bodily harm A person who unlawfully and, either intentionally or recklessly, by any act or omission occurring in relation to a childbirth and before the child is born alive, inflicts grievous bodily harm on the child, is guilty

47 Concealment of birth (1) A person who disposes of the dead body of a child (whether or not the child was born alive) with intent to conceal the child’s birth is 2 years. (2) It is a defence to a charge for an offence against subsection (1) if the accused satisfies the court or jury that the body disposed of had issued from the mother’s body before the end of the 28th week of pregnancy.

48 Misconduct with regard to corpses (a) indecently interferes with any dead human body; or (b) improperly interferes with, or offers any indignity to, any dead human body or human remains (whether buried or not); for 2 years.

48A Aggravated offences—pt 2 offences against pregnant (a) section 15 (Manslaughter); (b) section 19 (Intentionally inflicting grievous bodily harm); (c) section 20 (Recklessly inflicting grievous bodily harm); (d) section 21 (Wounding); (e) section 23 (Inflicting actual bodily harm); (f) section 24 (Assault occasioning actual bodily harm); (g) section 29 (2) or (4) (Culpable driving of motor vehicle). (2) The offence is an aggravated offence if— (a) the offence was committed against a pregnant person; and (b) the commission of the offence caused— (i) the loss of, or serious harm to, the pregnancy; or (ii) the death of, or serious harm to, a child born alive as a result of the pregnancy.

(3) However, the offence is not an aggravated offence if the defendant proves, on the balance of probabilities, that the defendant did not know, and could not reasonably have known, that the person was pregnant. (4) If the prosecution intends to prove that the offence is an aggravated offence, the relevant factors of aggravation must be stated in the charge. (5) To remove any doubt— does not apply to an offence to which this section applies, whether or not it is an aggravated offence. cause loss, serious harm or death—a person’s conduct causes loss, serious harm or death if it substantially contributes to the loss, serious harm or death. factor of aggravation means a matter mentioned in subsection (2) (a) or (b). harm to a child—see the Criminal Code, dictionary, definition of harm. harm to a pregnancy includes maternal haemorrhage, rupture of the uterus or membranes, placental abruption, pre-term uterine contractions, fetal haemorrhage and trauma to the fetus. loss of a pregnancy means a miscarriage or stillbirth. serious harm to a child—see the Criminal Code, dictionary, definition of serious harm.

serious harm to a pregnancy means any harm (including the cumulative effect of more than 1 harm) that— (a) is likely to cause loss of the pregnancy; or (b) endangers, or is likely to endanger, the natural course of the pregnancy.

48B Alternative verdicts for aggravated offences—pt 2 offences against pregnant person mentioned in column 2 of an item in table 48B, the trier of fact— in relation to the finding of guilt. Table 48B item 1 section 15 (Manslaughter), • section 15, simple offence • section 29 (2) (Culpable driving of motor vehicle—causing death), aggravated offence

item • section 47 (Concealment of birth) 2 section 19 (Intentionally • section 21 (Wounding), aggravated offence 3 section 20 (Recklessly • section 29 (4) (Culpable driving of motor vehicle—causing grievous bodily harm), 4 section 21 (Wounding),

item 5 section 23 (Inflicting actual bodily harm)— 6 section 24 (Assault occasioning actual bodily harm)—aggravated 7 section 29 (2) (Culpable death—aggravated Act 1999, section 6 (1) (a) (Negligent driving)— causing death 8 section 29 (4) (Culpable grievous bodily harm— Act 1999, section 6 (1) (b) (Negligent driving)— causing grievous bodily harm

48C Aggravated offences—pt 2 offences involving family (a) section 15 (Manslaughter); (b) section 19 (Intentionally inflicting grievous bodily harm); (c) section 20 (Recklessly inflicting grievous bodily harm); (d) section 21 (Wounding); (e) section 23 (Inflicting actual bodily harm); (f) section 24 (Assault occasioning actual bodily harm); (g) section 26 (Common assault); (h) section 27 (Acts endangering life etc);

(i) section 28 (Acts endangering health etc); (j) section 29 (Culpable driving of motor vehicle); (k) section 30 (Threat to kill); (l) section 31 (Threat to inflict grievous bodily harm); (m) section 32 (Demands accompanied by threats); (n) section 35 (Stalking). (4) To remove any doubt— does not apply to an offence mentioned in subsection (1), whether or not it is an aggravated offence. (a) s 72AA (Aggravated offences—pt 3 offences involving family (b) s 72EA (Aggravated offences—pt 3A offences involving family

48D Alternative verdicts for aggravated offences—offences mentioned in column 2 of an item in table 48D, the trier of fact— in relation to that finding of guilt. Table 48D item 1 section 15 (Manslaughter), • section 15, simple offence • section 29 (2) (Culpable driving of motor vehicle—causing death), aggravated offence 2 section 19 (Intentionally • section 21 (Wounding), aggravated offence

item • section 43 (Childbirth—grievous bodily harm), 3 section 20 (Recklessly • section 29 (4) (Culpable driving of motor vehicle—causing grievous bodily harm), 4 section 21 (Wounding), 5 section 23 (Inflicting actual bodily harm), 6 section 24 (Assault occasioning actual bodily 7 section 26 (Common assault), aggravated

item 8 section 27 (3) (a) (Acts choking etc rendering person unconscious etc), • section 27 (3) (a), simple offence • section 28 (2) (a) (Choking, suffocating or strangling) 9 section 27 (3) (b) (Acts administering drugs etc • section 27 (3) (b), simple offence • section 28 (2) (b) (administering poison etc with intent to injure etc) 10 section 27 (3) (e) (Acts causing explosions etc • section 27 (3) (e), simple offence • section 28 (2) (c) (Causing explosions etc endangering health etc) 11 section 27 (3) (f) (Acts endangering life etc)— setting traps endangering life etc, aggravated • section 27 (3) (f), simple offence • section 28 (2) (d) (Setting traps endangering health etc) 12 section 27 (3) (g) (Acts interfering with • section 27 (3) (g), simple offence • section 28 (2) (e) (Interfering with conveyances and endangering health etc) 13 section 27 (4) (Acts intending to commit indictable offence/prevent or hinder apprehension/police officer), aggravated • section 27 (3) (Acts endangering life etc), • section 27 (3), simple offence

item 14 section 28 (2) (a) (Acts choking, suffocating or strangling), aggravated • section 28 (2) (a), simple offence • section 26 (Common assault) 15 section 28 (2) (b) (Acts administering poisons etc with intent to injure etc), • section 28 (2) (b), simple offence 16 section 28 (2) (c) (Acts causing explosions etc endangering health etc), • section 28 (2) (c), simple offence 17 section 28 (2) (d) (Acts setting traps endangering health etc), aggravated • section 28 (2) (d), simple offence 18 section 28 (2) (e) (Acts interfering with endangering health etc), • section 28 (2) (e), simple offence 19 section 29 (2) (Culpable vehicle—causing death), Act 1999, section 6 (1), penalty, paragraph (a) (Negligent driving—causing death) 20 section 29 (4) (Culpable vehicle—causing grievous bodily harm), Act 1999, section 6 (1), penalty, paragraph (b) (Negligent driving—causing grievous bodily harm)

item 21 section 30 (Threat to kill), aggravated offence • section 30, simple offence 22 section 31 (Threat to inflict grievous bodily • section 31, simple offence 23 section 32 (Demands accompanied by threats), • section 32, simple offence 24 section 35 (Stalking), • section 35, simple offence

49 Alternative verdicts for certain other offences against the If, on a trial for an offence against a provision specified in column 2 in an item in table 49, the jury is not satisfied that the accused is guilty of that offence but is satisfied that the accused is guilty of an offence against a provision specified in column 3 in that item, it may find the accused not guilty of the offence charged but guilty of the offence against the provision specified in column 3: Table 49 Item 1 section 12 (2) (Murder) • section 15 (2) (Manslaughter) • section 47 (1) (Concealment of birth)

Item 2 section 15 (1) (Manslaughter) • section 29 (2) (Culpable driving of motor vehicle) • section 47 (1) (Concealment of birth) 3 section 19 (Intentionally inflicting grievous bodily harm) • section 21 (Wounding), simple offence 4 section 20 (Recklessly inflicting grievous bodily harm) • section 29 (4) (Culpable driving of motor vehicle) 5 section 21 (Wounding) 6 section 22 (Assault with intent to commit other offence) 7 section 24 (Assault occasioning actual bodily harm)

Item 8 section 27 (3) (a) etc—choking etc rendering person unconscious etc) • section 28 (2) (a) (Acts endangering health etc), 9 section 27 (3) (b) etc—administering drugs etc endangering life etc) • section 28 (2) (b) (Acts endangering health etc), 10 section 27 (3) (e) etc—causing explosions etc endangering life etc) • section 28 (2) (c) (Acts endangering health etc), 11 section 27 (3) (f) etc—setting traps endangering life etc) • section 28 (2) (d) (Acts endangering health etc), 12 section 27 (3) (g) etc—interfering with endangering life etc) • section 28 (2) (e) (Acts endangering health etc), 13 section 28 (2) (a) (Acts endangering health etc—choking, suffocating or strangling) 14 section 29 (2) (Culpable vehicle)—causing death Act 1999, section 6 (1), penalty, paragraph (a) (Negligent driving)—causing death 15 section 29 (4) (Culpable grievous bodily harm Act 1999, section 6 (1), penalty, paragraph (b) (Negligent driving)—causing grievous bodily harm

50A Objects—pt 3 An object of this part is to recognise the following in relation to a sexual act: (a) consent to participate in a sexual act is not to be presumed; (b) every person has a right to choose not to participate in a sexual act; (c) a consensual sexual act involves ongoing and mutual communication and decision-making by the people participating in the sexual act.

50B Meaning of consent—pt 3 consent, to a sexual act, means informed agreement to the sexual act that is— (a) freely and voluntarily given; and (b) communicated by saying or doing something. Note See s 67 for when a person does not consent to an act.

50C Meaning of sexual act—pt 3 sexual act— (i) sexual intercourse; or (ii) an act of indecency; or

(iii) any other act in circumstances where a reasonable person would consider the act to be sexual; but (b) does not include— (i) an act carried out for a proper medical purpose; or (ii) an act otherwise authorised by law. Note The definition of sexual act applies to all of pt 3 unless another provision of pt 3 provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155). (2) The matters to be taken into account in deciding whether a reasonable person would consider an act to be sexual include the following: (a) whether the area of the body involved in the act is a person’s breasts, genital area or anal area; (b) whether the person carrying out the act does so for the purpose of sexual arousal or sexual gratification; (c) whether any other aspect of the act (including the circumstances in which it is carried out) makes it sexual. object—see section 50 (2).

50 Definitions—pt 3 aggravated offence, for an offence involving family violence—see section 72AA (2). sexual intercourse means— (a) the penetration, to any extent, of the genitalia or anus of a person by any part of the body of another person, except if that penetration is carried out for a proper medical purpose or is otherwise authorised by law; or

(b) the penetration, to any extent, of the genitalia or anus of a person by an object, being penetration carried out by another person, except if that penetration is carried out for a proper medical purpose or is otherwise authorised by law; or (c) the introduction of any part of the penis of a person into the mouth of another person; or (d) fellatio; or (e) cunnilingus; or (f) the continuation of sexual intercourse as defined in paragraph (a), (b), (c), (d) or (e). genitalia includes surgically constructed or altered genitalia. object includes an animal.

51 Sexual assault in the first degree (1) A person who inflicts grievous bodily harm on another person with intent to engage in sexual intercourse with that other person, or with a third person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 17 years. (3) A person who, acting in company with any other person, inflicts, or assists in inflicting, grievous bodily harm on a third person with the intent that the firstmentioned person, or any person with whom he or she is in company, should engage in sexual intercourse with that third person, or with any other person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 20 years.

maximum penalty is imprisonment for 25 years.

52 Sexual assault in the second degree (1) A person who inflicts actual bodily harm on another person with intent to engage in sexual intercourse with that other person, or with a third person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 14 years. (3) A person who, acting in company with any other person, inflicts, or assists in inflicting, actual bodily harm on a third person with the intent that the firstmentioned person, or any person with whom he or she is in company, should engage in sexual intercourse with that third person, or with any other person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 17 years.

53 Sexual assault in the third degree (1) A person who unlawfully assaults, or threatens to inflict grievous or actual bodily harm on, another person with intent to engage in sexual intercourse with that other person, or with a third person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 12 years.

(3) A person who, acting in company with any other person, unlawfully assaults, or threatens to inflict grievous or actual bodily harm on, a third person with the intent that the firstmentioned person, or any person with whom he or she is in company, should engage in sexual intercourse with that third person, or with any other person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 14 years.

54 Sexual intercourse without consent (1) A person who engages in sexual intercourse with another person without the consent of that other person and who is reckless as to whether that other person consents to the sexual intercourse is guilty 12 years. (3) A person who, acting in company with any other person, engages in sexual intercourse with another person without the consent of that other person and who is reckless as to whether that other person consents to the sexual intercourse is guilty of an offence punishable, on conviction, by imprisonment for 14 years.

(5) For this section, proof of knowledge or recklessness is sufficient to establish the element of recklessness.

55 Sexual intercourse with young person (1) A person who engages in sexual intercourse with another person who is under the age of 10 years is guilty of an offence punishable, on conviction, by imprisonment for 17 years. (3) A person who engages in sexual intercourse with another person who is under the age of 16 years is guilty of an offence punishable, on conviction, by imprisonment for 14 years. (5) It is a defence to a prosecution for an offence against subsection (3) if the defendant establishes that— (a) he or she believed on reasonable grounds that the person on whom the offence is alleged to have been committed was of or above the age of 16 years; or (b) at the time of the alleged offence— (i) the person on whom the offence is alleged to have been committed was of or above the age of 10 years; and (ii) the defendant was not more than 2 years older; and that that person consented to the sexual intercourse.

55A Sexual intercourse with young person under special care (a) the person engages in sexual intercourse with a young person; and (b) the young person is under the person’s special care. (2) Without limiting subsection (1), a young person is under the special care of a person if the person— (a) is a teacher at a school, or a person with responsibility for students at a school, and the young person is a student at the school; or (b) is a parent, step-parent, grandparent, foster carer or legal guardian of the young person; or (c) is a domestic partner of a person mentioned in paragraph (b); or (d) has an established personal relationship with the young person in relation to the provision of religious, sporting, musical or other instruction; or (e) is the young person’s employer; or (f) provides professional counselling to the young person; or (g) is a health service provider and the young person is the person’s patient; or (h) is a custodial officer and the young person is a young detainee in the officer’s care, custody or control; or

(i) is a carer for the young person if the young person has impaired decision-making ability; or (j) is otherwise responsible for the care, supervision or control of the young person. (3) Subsection (1) does not apply to a person if the person— (a) was married to the young person at the time of the alleged (b) is not more than 2 years older than the young person. mentioned in s (3) (see Criminal Code, s 58). (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant believed on reasonable grounds that the young person was at least 18 years old. custodial officer means— (b) a corrections officer; or (c) a youth detention officer under the Children and Young People Act 2008, section 96; or (d) a transfer escort under the Children and Young People Act 2008, section 114; or (e) a prison officer under the Crimes (Sentence Administration) Act 2005, section 217.

employer, of a young person, includes someone authorised to— (a) decide or vary the terms of the young person’s employment; or (b) end the young person’s employment. foster carer—see the Children and Young People Act 2008, section 518 (2). health service—see the Human Rights Commission Act 2005, section 7. health service provider includes— (a) a health practitioner; and (b) someone providing a health service. young detainee—see the Children and Young People Act 2008, section 95. young person means a person who is at least 16 years old, but not yet an adult. Note Adult—see the Legislation Act, dictionary, pt 1.

56 Persistent sexual abuse of child or young person under special care (a) is an adult; and (b) engages in a relationship with a child, or a young person under the special care of the adult, that involves more than 1 sexual act. Maximum penalty: imprisonment for 25 years.

(2) For subsection (1) (b)— (a) a relationship includes repeated contact, interaction, engagement or association, of a sexual nature or otherwise; and (b) the relationship may have started, or started and ended, before the amendment day; and (c) 1 or more of the sexual acts may have occurred before the amendment day; and (d) a sexual offence that could be charged and proved under section 66B (Course of conduct charge—child sexual offences) can be 1 of the sexual acts. (3) For a person to be convicted of an offence against subsection (1), the trier of fact must be satisfied beyond reasonable doubt that the relationship existed. Note For circumstances in which a majority verdict is a sufficient verdict in a proceeding for an offence against s (1), see the Juries Act 1967, s 38. (4) However, in a proceeding for an offence against subsection (1), there is no requirement for— (a) the prosecution to allege the particulars of a sexual act that would be necessary if the act were charged as a separate offence; or (b) the trier of fact to be satisfied of the particulars of a sexual act that it would need to be satisfied of if the act were charged as a separate offence; or (c) if the trier of fact is a jury—all the members of the jury to agree on the same sexual acts involved in the relationship.

(5) In a proceeding for an offence against subsection (1)— (a) the prosecution is required to allege the particulars of the period of the relationship; and (b) without limiting the Criminal Code, section 64 (2) (Extension of offences if required geographical nexus exists), a geographical nexus exists for this offence if— (i) any part of the relationship was engaged in inside the ACT; or (ii) at least 1 of the sexual acts occurred inside the ACT. (6) For an offence against this section that occurred partly or wholly before 2 March 2018, the maximum penalty is the current maximum penalty, however, for a relationship engaged in over the period mentioned in table 56, column 2, the sentence imposed must not be more than the penalty mentioned in column 3 for that period. Table 56 item period of relationship penalty 1 wholly before the lesser of— (a) the current maximum penalty; and (b) either— (i) if 2 or more sexual acts alleged to be involved in the relationship are found to have occurred—the total of the maximum penalties for each offence constituted by the sexual acts; or (ii) in any other case—the highest maximum penalty for the offences constituted by the sexual acts alleged to be involved in the relationship

item period of relationship penalty 2 started before, on or after and ended before the lesser of— (a) the current maximum penalty; and (b) the 1991 maximum penalty 3 started on or after and ended on or after the current maximum penalty 4 started on or after the current maximum penalty Example—item 1, column 3, par (b) (i) An offender is convicted of an offence against this section for a relationship that occurred wholly before 24 December 1991. The jury agrees that 3 acts of indecency occurred. The maximum penalty for committing an act of indecency at the time the acts occurred is 5 years imprisonment. A court may impose a sentence for an offence against this section of up to the total of the maximum penalty for the 3 acts of indecency, ie 15 years imprisonment. Example—item 1, column 3, par (b) (ii) An offender is convicted of an offence against this section for a relationship that occurred wholly before 24 December 1991. The sexual acts that were alleged to be involved in the relationship included conduct that, if sufficiently particularised, would have constituted an act of indecency in the third degree and 3 acts of indecency without consent. The jury agrees that 2 sexual acts occurred but were not unanimous about which ones. The maximum penalty for the sexual acts at the time the acts occurred are 10 years and 5 years imprisonment respectively. A court may impose a sentence for an offence against this section of up to the highest maximum penalty for the alleged sexual acts, ie 10 years imprisonment. (7) A person— (a) may be charged on a single indictment with, and convicted of and punished for, both— (i) an offence against subsection (1); and

(ii) 1 or more sexual offences committed by the person against the same child or young person under the special care of the person during the alleged period of the relationship; but (b) must not be required to serve the sentences for the offence against subsection (1) and the sexual offences consecutively. (8) Except as provided by subsection (7), a person cannot be convicted of an offence— (a) against subsection (1) if the person has already been convicted or acquitted of an offence constituted by 1 or more of the sexual acts alleged to be involved in the relationship; or (b) constituted by a sexual act against a child or young person under the special care of the person if the sexual act is alleged to have been committed during the period for which the person has already been convicted or acquitted of an offence against subsection (1) in relation to the child or young person. (9) For subsection (8), a person is taken not to have been convicted of an offence if the conviction is quashed or set aside. (10) A proceeding for a charge for an offence under this section must not be started without the consent of the director of public prosecutions. (11) The Criminal Code, chapter 2 (other than the applied provisions) does 1991 maximum penalty means the maximum penalty for this offence applying on 24 December 1991. Note This section was previously s 92EA which was inserted into this Act by the Crimes (Amendment) Act (No 3) 1991 (A1991-90). See that Act for the maximum penalty for this offence applying on 24 December 1991. amendment day means the day the Royal Commission Criminal Justice Legislation Amendment Act 2020, section 3 commenced. child means a person who is under the age of 16 years.

current maximum penalty means the maximum penalty mentioned in subsection (1). sexual act— (i) an act that constitutes an offence against this part; or (ii) an act that constituted an offence against a sexual offence provision of this Act previously in force (a historical offence); or (iii) an attempt to commit an act that constitutes or constituted an offence against this part or a historical offence; or (iv) an act that, if particulars of the time when or place where the act took place were sufficiently particularised, would constitute or have constituted an offence against this part or a historical offence at the time the act occurred; but (b) does not include an act referred to in— (i) section 55 (3) (Sexual intercourse with young person) if the person who committed the act establishes the matters referred to in section 55 (5) that would be a defence if the person had been charged with an offence against section 55 (3); or (ii) section 61 (3) (Act of indecency with young people) if the person who committed the act establishes the matters referred to in section 61 (5) that would be a defence if the person had been charged with an offence against section 61 (3). special care—see section 55A (2). young person means a person who is at least 16 years old, but not yet an adult.

57 Act of indecency in the first degree (1) A person who inflicts grievous bodily harm on another person with intent to commit an act of indecency on, or in the presence of, that other person, or a third person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 15 years. maximum penalty is imprisonment for 19 years.

58 Act of indecency in the second degree (1) A person who inflicts actual bodily harm on another person with intent to commit an act of indecency on, or in the presence of, that other person, or a third person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 12 years.

59 Act of indecency in the third degree (1) A person who unlawfully assaults, or threatens to inflict grievous or actual bodily harm on, another person with intent to commit an act of indecency on, or in the presence of, that other person, or a third person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 10 years.

60 Act of indecency without consent (1) A person who commits an act of indecency on, or in the presence of, another person without the consent of that person and who is reckless as to whether that other person consents to the committing of the act of indecency is guilty of an offence punishable, on conviction, by imprisonment for 7 years. maximum penalty is imprisonment for 9 years. (3) A person who, acting in company with any other person, commits an act of indecency on, or in the presence of, another person without the consent of that other person and who is reckless as to whether that other person consents to the committing of the act of indecency is 9 years. maximum penalty is imprisonment for 11 years. (5) For this section, proof of knowledge or recklessness is sufficient to establish the element of recklessness.

61 Acts of indecency with young people (1) A person who commits an act of indecency on, or in the presence of, another person who is under the age of 10 years is guilty of an offence punishable, on conviction, by imprisonment for 12 years. (3) A person who commits an act of indecency on, or in the presence of, another person who is under the age of 16 years is guilty of an offence punishable, on conviction, by imprisonment for 10 years. (5) It is a defence to a prosecution for an offence against subsection (3) if the defendant establishes that— (a) he or she believed on reasonable grounds that the person on whom the offence is alleged to have been committed was of or above the age of 16 years; or (b) at the time of the alleged offence— (i) the person on whom the offence is alleged to have been committed was of or above the age of 10 years; and (ii) the defendant was not more than 2 years older; and that that person consented to the committing of the act of indecency.

61A Act of indecency with young person under special care (a) the person commits an act of indecency on, or in the presence of, a young person; and (b) the young person is under the person’s special care. Maximum penalty: imprisonment for 7 years. (2) Subsection (1) does not apply to a person if the person— (a) was married to the young person at the time of the alleged (b) is not more than 2 years older than the young person. mentioned in s (2) (see Criminal Code, s 58). if the defendant proves that the defendant believed on reasonable grounds that the young person was at least 18 years old. special care—see section 55A (2). young person—see section 55A (5).

61B Intimate observations or capturing visual data etc (1) A person (the offender) commits an offence if— (a) the offender— (i) observes another person with the aid of a device; or (ii) captures visual data of another person; and (b) a reasonable person would, in all the circumstances, consider the observing or capturing of visual data to be— (i) an invasion of privacy; and (ii) indecent. (a) for an aggravated offence—250 penalty units, imprisonment for (b) in any other case—200 penalty units, imprisonment for 2 years (2) Strict liability applies to subsection (1) (b) (i). (3) Absolute liability applies to subsection (1) (b) (ii). (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant— (a) believed on reasonable grounds that the other person consented to the defendant observing or capturing visual data of the other (b) did not know, and could not reasonably be expected to have known, that the observing or capturing of visual data of the other person was without consent.

(5) A person (the offender) commits an offence if— (a) the offender observes with the aid of a device or captures visual data of— (i) another person’s genital or anal region; or (ii) for a female or a transgender or intersex person who identifies as a female—the breasts; and using a mobile phone to take photos of a woman’s underwear under her skirt or down the front of her blouse (b) a reasonable person would, in all the circumstances, consider the observing or capturing of visual data to be an invasion of privacy. (a) for an aggravated offence—250 penalty units, imprisonment for (b) in any other case—200 penalty units, imprisonment for 2 years (6) Strict liability applies to subsection (5) (b). (7) It is a defence to a prosecution for an offence against subsection (5) if the defendant proves that the defendant— (a) believed on reasonable grounds that the other person consented to the defendant observing or capturing visual data of the other person’s genital or anal region or breasts; or

(b) did not know, and could not reasonably be expected to have known, that the observing or capturing of visual data of the other person’s genital or anal region or breasts was without consent. s (7) (see Criminal Code, s 59). (8) Subsections (1) and (5) do not apply to— (a) an observation made by viewing data that was previously captured; or (b) an observation or capturing of visual data— (i) by a law enforcement officer acting reasonably in the performance of the officer’s duty; or (ii) by a licensed security provider acting reasonably in carrying on a security activity authorised under the security provider’s licence; or (iii) of a child or other person incapable of giving consent in circumstances in which a reasonable person would regard the observing or capturing of visual data as acceptable; or taking a photograph or movie of a naked newborn relative (iv) for a scientific, medical or educational purpose; or a patient consents to her doctor taking an image of a mole on her breast for the purpose of showing another doctor for a second opinion about the mole (v) by a person in the course of reasonably protecting premises owned by the person; or (vi) in circumstances or for a purpose prescribed by regulation. (9) Nothing in subsection (8) prevents a person being found guilty of an offence under or because of the Criminal Code, part 2.4 (Extensions of criminal responsibility).

(10) In this section: breasts, of a female or a transgender or intersex person who identifies as a female, means the person’s breasts whether covered by underwear or bare. capture visual data—a person captures visual data of another person if the person captures moving or still images of the other person by a camera or any other means in such a way that— (a) a recording is made of the images; or (b) the images are capable of being transmitted in real time with or without retention or storage in a physical or electronic form; or (c) the images are otherwise capable of being distributed. device does not include spectacles, contact lenses or a similar device when used by someone with impaired sight to overcome the impairment. genital or anal region, of a person, means the person’s genital or anal region whether covered by underwear or bare. law enforcement officer means— (b) a member of the staff of the Australian Crime Commission established by the Australian Crime Commission Act 2002 (Cwlth). licensed security provider means a person who holds a licence under the Security Industry Act 2003. security activity—see the Security Industry Act 2003, section 7.

62 Incest and similar offences (1) A person who engages in sexual intercourse with another person, being a person who is under the age of 10 years and who is, to the knowledge of the firstmentioned person, his or her lineal descendant, sister, half-sister, brother, half-brother or stepchild, is guilty of an offence punishable, on conviction, by imprisonment for 20 years. (2) A person who engages in sexual intercourse with another person, being a person who is under the age of 16 years and who is, to the knowledge of the firstmentioned person, his or her lineal descendant, sister, half-sister, brother, half-brother or stepchild, is guilty of an offence punishable, on conviction, by imprisonment for 15 years. (3) A person who engages in sexual intercourse with another person, being a person who is of or above the age of 16 years and who is, to the knowledge of the firstmentioned person, his or her lineal ancestor, lineal descendant, sister, half-sister, brother or half-brother, is guilty (4) A person shall not be convicted of an offence against subsection (2) or (3) if there is evidence that he or she engaged in the act alleged to constitute the offence under the coercion of the person with whom the offence is alleged to have been committed unless the evidence is rebutted by the prosecution. (5) A person charged with an offence against this section shall, unless there is evidence to the contrary, be presumed to have known at the time of the alleged offence that he or she and the person with whom the offence is alleged to have been committed were related in the way charged. stepchild, in relation to a person, means a person in relation to whom the firstmentioned person stands in place of a parent.

63 Abduction (1) A person who abducts another person by force or by any other means or who unlawfully detains another person with the intent that the other person should engage in sexual intercourse with the firstmentioned person or with a third person (whether within the ACT or otherwise) for 10 years.

63A Bestiality A person commits an offence if the person engages in a sexual activity of any kind with an animal.

64 Using child for production of child exploitation material etc (a) the person uses, offers or procures a child— (i) for the production of child exploitation material; or (ii) for a pornographic performance; and

(b) the child is under 12 years old. (a) for an aggravated offence—1 900 penalty units, imprisonment for 19 years or both; or (b) in any other case—1 500 penalty units, imprisonment for 15 years or both. (2) Absolute liability applies to subsection (1) (b). (a) the person uses, offers or procures a child— (i) for the production of child exploitation material; or (ii) for a pornographic performance; and (b) the child is 12 years old or older. (a) for an aggravated offence—1 300 penalty units, imprisonment for 13 years or both; or (b) in any other case—1 000 penalty units, imprisonment for 10 years or both. (4) Strict liability applies to subsection (3) (b). child exploitation material means anything that represents— (a) the sexual parts of a child; or (b) a child engaged in an activity of a sexual nature; or

(c) someone else engaged in an activity of a sexual nature in the presence of a child; substantially for the sexual arousal or sexual gratification of someone other than the child. pornographic performance means— (a) a performance by a child engaged in an activity of a sexual nature; or (b) a performance by someone else engaged in an activity of a sexual nature in the presence of a child; substantially for the sexual arousal or sexual gratification of someone other than the child. Examples of activity of a sexual nature 1 sexual intercourse or other explicit sexual activity (whether real or simulated) 2 a striptease represent means depict or otherwise represent on or in a film, photograph, drawing, audiotape, videotape, computer game, the internet or anything else.

64A Trading in child exploitation material (1) A person commits an offence if the person produces, publishes, offers or sells child exploitation material. (a) for an aggravated offence—1 500 penalty units, imprisonment for 15 years or both; or (b) in any other case—1 200 penalty units, imprisonment for 12 years or both.

child exploitation material—see section 64 (5).

65 Possessing child exploitation material (a) the person intentionally possesses pornography; and (b) the pornography is child exploitation material. (a) for an aggravated offence—900 penalty units, imprisonment for 9 years or both; or (b) in any other case—700 penalty units, imprisonment for 7 years (2) Absolute liability applies to subsection (1) (b). (3) It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant had no reasonable grounds for suspecting that the pornography concerned was child exploitation material. child exploitation material—see section 64 (5).

66 Grooming and depraving young people (1) A person must not, without reasonable excuse— (a) in person or by any other means, encourage a young person to commit or take part in, or watch someone else committing or taking part in, an act of a sexual nature; or showing a young person indecent material online or on a mobile phone (b) engage in conduct with a young person with the intention of making it more likely that the young person would commit or take part in, or watch someone else committing or taking part in, an act of a sexual nature; or (c) engage in conduct with a person who has a relationship with a young person with the intention of making it more likely that the young person would commit or take part in, or watch someone else committing or taking part in, an act of a sexual nature. (a) for a 1st offence against a person under 10 years— (i) for an aggravated offence—imprisonment for 11 years; or (ii) in any other case—imprisonment for 9 years; or (b) for a 1st offence against a young person 10 years or older— (i) for an aggravated offence—imprisonment for 9 years; or (ii) in any other case—imprisonment for 7 years; or (c) for a 2nd or subsequent offence against a person under 10 years— (i) for an aggravated offence—imprisonment for 15 years; or (ii) in any other case—imprisonment for 12 years; or

(d) for a 2nd or subsequent offence against a young person 10 years or older— (i) for an aggravated offence—imprisonment for 13 years; or (ii) in any other case—imprisonment for 10 years. (2) The Criminal Code, chapter 2 (other than the immediately applied provisions) does not apply to an offence against subsection (1). Note The Criminal Code does not apply to offences against this section that were offences in force before 1 January 2003 unless the offence is omitted and remade (see Criminal Code, s 8). (3) A person must not send or make available pornographic material to a young person. (a) for an aggravated offence—900 penalty units, imprisonment for 9 years or both; or (b) in any other case—700 penalty units, imprisonment for 7 years (4) It is a defence to a prosecution for an offence against subsection (3) if the defendant— (a) is an Internet service provider; and (b) had no knowledge that the defendant’s facilities were used to commit the offence. (5) It is not a defence to a prosecution for an offence against this section that the young person had consented to some or all of the defendant’s conduct or actions. (6) However, it is a defence to a prosecution for an offence against this section if the defendant proves that the defendant believed on reasonable grounds that the young person was at least 16 years old.

act of a sexual nature means sexual intercourse or an act of indecency. classified—see the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995, dictionary. pornographic material means— (a) material of a sexual nature that has been, or is likely to be, classified R 18+, RC, category 1 restricted or category 2 restricted; or (b) material that has been, or is likely to be, classified X 18+. young person means a person under 16 years old. 66AA Failure to report child sexual offence (a) is an adult; and (b) obtains information that leads to the person reasonably believing that a sexual offence has been committed against a child; and (c) does not, as soon as practicable after forming the belief, give the information to a police officer. (2) Subsection (1) does not apply if— (i) obtains the information when the alleged victim was no longer a child; and (ii) reasonably believes the alleged victim does not want a police officer to be told about the person’s belief; or

(b) the person reasonably believes that giving the information to a police officer would endanger the safety of a person (other than a person reasonably believed to have committed the sexual offence); or (c) the person reasonably believes a police officer already has the information; or (i) is a mandated reporter under the Children and Young People Act 2008, section 356 (3); and (ii) has reported the information under that Act, division 11.1.2 (Reporting abuse and neglect of children and young people) or reasonably believes someone else has done so; or (e) subject to subsection (3), giving the information to a police officer would disclose information in relation to which privilege may be claimed under a law in force in the Territory; or (f) the information is generally available in the public domain; or (g) the person has another reasonable excuse. (3) A person who is or was a member of the clergy of a church or religious denomination is not entitled to refuse to give information under subsection (1) because the information was communicated to the member during a religious confession. (4) The Criminal Code, chapter 2 (other than the applied provisions) does (5) If a person gives information mentioned in subsection (1) to a police officer honestly and without recklessness— (a) giving the information is not a breach of— (i) confidence; or (ii) professional etiquette or ethics; or

(iii) a rule of professional conduct; and (b) the person does not incur civil or criminal liability only because of giving the information. (6) Subsection (5) does not apply if giving the information would be a breach of client legal privilege. (7) This section applies to information obtained on or after the commencement of this section, including information about a sexual offence that occurred before the commencement of this section. religious confession means a confession made by a person to a member of the clergy in the member’s professional capacity according to the ritual of the member’s church or religious denomination. sexual offence means— (a) an offence against— (i) this part; or (ii) any other provision prescribed by regulation; or (b) an offence against a sexual offence provision of this Act previously in force. 66AB Making false report about child sexual offence (a) the person gives information to a police officer about an alleged sexual offence against a child; and (b) the information is false or misleading in a material particular; and

(c) the person knows that the information— (i) is false or misleading in a material particular; or (ii) omits something, without which, the information is false or misleading in a material particular. (a) for an aggravated offence—125 penalty units, imprisonment for 16 months or both; or (b) in any other case—100 penalty units, imprisonment for 12 months or both. sexual offence—see section 66AA (8).

66A Failure by person in authority to protect child or young person from sexual offence (a) the person is a person in authority in a relevant institution (the first person); and (b) there is a substantial risk that a sexual offence will be committed— (i) against a child in the institution’s care, supervision or control by a person associated with the institution; or (ii) against a young person in the institution’s care, supervision or control by another person in authority in the institution; and (c) the first person is aware that the risk exists; and

(d) the first person can, because of the position the person occupies in the institution, reduce or remove the risk; and (e) the first person intentionally or negligently fails to reduce or remove the risk. (a) it does not matter that an act or omission constituting the sexual offence happens, or is at risk of happening, outside the ACT if— (i) the child or young person was in the ACT at any time the first person was aware that the risk mentioned in subsection (1) (b) existed; or (ii) the person mentioned in subsection (1) (b) (i) or (ii) was a person associated with, or in authority in, a relevant institution in the ACT at any time the first person was aware that the risk existed; and (b) for subsection (1) (c), it does not matter that the first person is aware of the risk mentioned in subsection (1) (b) because of information communicated to the person during a religious confession; and (c) it is not necessary to prove that a sexual offence has been committed. (3) For subsection (1) (e), the first person negligently fails to reduce or remove a risk if that failure involves a great falling short of the standard of care that a reasonable person would exercise in the circumstances. (4) The Criminal Code, chapter 2 (other than the applied provisions) does

associated—a person is associated with a relevant institution if the person is an adult who— (d) engages in a regulated activity with or for the institution. child means a person who is under 16 years old. relevant institution means— (a) an entity, other than an individual, that operates facilities for, engages in activities with, or provides services to, children under the entity’s care, supervision or control; or (b) a group of entities mentioned in paragraph (a) if the entities— (i) interact with each other, share similar characteristics and collectively have a sense of unity; or (ii) are controlled, managed or governed by another entity. Examples—par (a) schools, religious organisations, hospitals, education and care services, childcare centres, out-of-home carers, sports clubs, youth organisations a group of schools controlled by a religious organisation, a group of youth centres operated by a company, a group of churches sharing the same religious philosophy religious confession—see section 66AA (8). sexual offence means— (a) an offence against— (i) part 3 (Sexual offences); or (ii) any other provision prescribed by regulation; or

(b) an offence committed in another jurisdiction that would be an offence under paragraph (a) if committed in the ACT. young person means a person who is 16 years old or older, but not yet an adult.

66B Course of conduct charge—child sexual offences (1) More than 1 incident of the commission of the same child sexual offence may be included in a single charge if, and only if— (a) each incident constitutes an offence against the same provision; and (b) each incident relates to the same complainant; and (c) the incidents take place on more than 1 occasion over a stated period; and (d) the incidents, taken together, amount to a course of conduct having regard to— (i) the time at which the incident happened; or (ii) the place at which the incident happened; or (iii) the purpose for which the incident was committed; or (iv) any other relevant matter. (2) For subsection (1), more than 1 type of act on different occasions may be alleged. penetrative sexual intercourse on 1 occasion and oral sexual intercourse on another occasion (3) To remove any doubt— (a) subsection (1) does not establish a new offence; and (b) a charge under subsection (1) is a charge of a single offence.

(4) A charge for a child sexual offence under this section must contain particulars that are necessary to give reasonable information about the various incidents of the offence that are alleged to amount to a course of conduct over a stated period. (5) However— (a) the charge need not include particulars of any specific incident of the offence, including the date, time, place, circumstances or occasion of the incident; and (b) the particulars do not need to distinguish any specific incident of the offence from any other. (6) The prosecution must prove beyond reasonable doubt that the incidents of an offence committed by the accused, taken together, amount to a course of conduct having regard to— (a) the time at which the incident happened; or (b) the place at which the incident happened; or (c) the purpose for which the incident was committed; or (d) any other relevant matter. (7) For subsection (6), it is not necessary to prove an incident with the same degree of specificity as to date, time, place, circumstance or occasion as would be required if the person were charged with the child sexual offence constituted only by that incident. (8) Without limiting subsection (7), it is not necessary to prove— (a) any particular number of incidents of the offence or the dates, times, places, circumstances or occasions of the incidents; or (b) that there were distinctive features differentiating any of the incidents; or (c) the general circumstances of any particular incident.

(9) To remove any doubt, a person charged under this section may rely on any exception, exemption, proviso, excuse or qualification that applies to the offence with which the person is charged. (10) A proceeding for a charge for a child sexual offence under this section must not be started without the consent of the director of public prosecutions. (11) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, a child sexual offence before the consent has been given. child sexual offence means— (a) an offence against a child under this part; or (b) an offence against a child under a sexual offence provision of this Act previously in force.

67 When a person does not consent to an act (1) For a sexual offence consent provision, and without limiting the grounds on which it may be established that a person does not consent to an act mentioned in the provision, a person does not consent to an act mentioned in the provision if the person— (a) says or does something to communicate withdrawing agreement to the act either before or during the act; or (b) participates in the act because of the infliction of violence or force on the person, or another person, an animal or property; or (c) participates in the act because of a threat to inflict violence or force on the person, or another person, an animal or property; or (d) participates in the act because of extortion, coercion, blackmail, intimidation or a fear of public humiliation or disgrace of the person or another person; or

(e) participates in the act because of a threat to mentally or physically harass the person or another person; or (f) participates in the act because of force or fear; or (g) is incapable of agreeing to the act because of intoxication; or (h) is mistaken about the identity of the other person; or (i) participates in the act because of fraudulent misrepresentation of any fact made by someone else; or (j) participates in the act because of an intentional misrepresentation by another person about the use of a condom; or (k) participates in the act as a result of an abuse of— (i) a relationship of authority, trust or dependence; or (ii) a professional relationship; or (l) does not have the capacity to agree to the act; or (m) is unconscious; or (n) is asleep; or (o) is unlawfully detained or knows that another person is unlawfully detained. (2) A person also does not consent to an act with another person (the accused person) only because the person— (a) does not say or do something to resist the act; or (b) consented to— (i) another act with the accused person; or (ii) the same act with the accused person at a different time or place; or

(iii) the same act with a person other than the accused person; or (iv) a different act with a person other than the accused person. (3) If it is established that an accused person who knows, or is reckless about whether, the consent of another person to an act mentioned in a sexual offence consent provision has been caused by any of the circumstances set out in subsection (1) (a) to (o), the accused person is taken to know that the other person does not consent to the act. (4) An accused person is taken to know that another person does not consent to an act mentioned in a sexual offence consent provision if any belief that the accused person has, or may have, that the other person consents to the act is not reasonable in the circumstances. (5) For subsection (4), without limiting the grounds on which it may be established that an accused person’s belief is not reasonable in the circumstances, the accused person’s belief is taken not to be reasonable in the circumstances if the accused person did not say or do anything to ascertain whether the other person consented. intoxication—see the Criminal Code, section 30 (1). sexual offence consent provision means any of the following: (a) section 54; (b) section 55 (5) (b); (c) section 60; (d) section 61 (5) (b).

67A Words, actions and self-induced intoxication of accused (1) This section applies to a proceeding for an offence against a sexual offence consent provision. (2) In deciding a person’s (the accused person) knowledge or belief, or recklessness, about whether another person consented to an act mentioned in the provision, the trier of fact— (a) must consider all the circumstances of the case, including anything the accused person said or did; but (b) must not consider the accused person’s self-induced intoxication. intoxication—see the Criminal Code, section 30 (1). self-induced—see the Criminal Code, section 30 (2) and (3). sexual offence consent provision—see section 67 (6).

68 Sexual intercourse—people not to be presumed incapable by reason of age (1) For this part, a person shall not, by reason only of his or her age, be presumed to be incapable of engaging in sexual intercourse with (2) Subsection (1) shall not be construed so as to affect the operation of any law relating to the age when a child can be found guilty of an (3) This section applies whether the offence or alleged offence was committed before or after the commencement of this section.

69 Marriage no bar to conviction The fact that a person is married to a person on whom an offence against section 54 is alleged to have been committed shall be no bar to the conviction of the firstmentioned person for the offence.

70 Alternative verdicts for certain sexual offences (1) If, on the trial of a person for an offence against section 51 (1) or (3) or 57, the jury is satisfied that the accused inflicted actual bodily harm with the intent charged but is not satisfied that the harm was grievous bodily harm, it may find the accused not guilty of the offence charged but guilty of an offence against section 52 (1) or (3) or 58, as the case requires. (2) If, on the trial of a person for an offence against section 51 (3), 52 (3), 53 (3), 54 (3) or 60 (3), the jury is not satisfied that the accused is guilty of that offence but is satisfied that the accused is guilty of an offence against section 51 (1), 52 (1), 53 (1), 54 (1) or 60 (1), it may find the accused not guilty of the offence charged but guilty of an offence against section 51 (1), 52 (1), 53 (1), 54 (1) or 60 (1), as the case requires. (3) If, on the trial of a person for an offence against section 51 (1) or (3) or 57, the jury is satisfied that the accused inflicted grievous bodily harm but is not satisfied that he or she did so with the intent charged, it may find the accused not guilty of the offence charged but guilty of an offence against section 19, 20 or 25. (4) If, on the trial of a person for an offence against section 52 (1) or (3) or 58, the jury is satisfied that the accused inflicted actual bodily harm but is not satisfied that he or she did so with the intent charged, it may find the accused not guilty of the offence charged but guilty of an offence against section 24.

(5) If, on the trial of a person for an offence against section 55 (1), 61 (1) or 62 (1), the jury— (a) is not satisfied that the person in relation to whom the offence is alleged to have been committed was under 10 years of age when the offence is alleged to have been committed; but (b) is satisfied that the accused is guilty of an offence against section 55 (3), 61 (3) or 62 (2), respectively; the jury may find the accused not guilty of the offence charged but guilty of an offence against section 55 (3), 61 (3) or 62 (2), respectively. (6) If, on the trial of a person for an offence against section 55A (1), the jury is not satisfied that the accused is guilty of the offence but is satisfied that the accused is guilty of an offence against section 61A (1), the jury may find the accused not guilty of the offence charged but guilty of an offence against section 61A (1).

71 Adding count for act of indecency In an indictment for an offence against section 54 a count may be added for an offence against section 60.

72 Indictment for act of indecency In an indictment for an offence against section 60, 61 or 61A it shall not be necessary to describe the act constituting the act of indecency with which the accused is charged. 72AA Aggravated offences—pt 3 offences involving family (a) section 51 (Sexual assault in the first degree); (b) section 52 (Sexual assault in the second degree);

(c) section 53 (Sexual assault in the third degree); (d) section 54 (Sexual intercourse without consent); (e) section 55 (Sexual intercourse with young person); (f) section 57 (Act of indecency in the first degree); (g) section 58 (Act of indecency in the second degree); (h) section 59 (Act of indecency in the third degree); (i) section 60 (Act of indecency without consent); (j) section 61 (Acts of indecency with young people); (k) section 61B (Intimate observations or capturing visual data etc); (l) section 63 (Abduction); (m) section 64 (Using child for production of child exploitation material etc); (n) section 64A (Trading in child exploitation material); (o) section 65 (Possessing child exploitation material); (p) section 66 (Grooming and depraving young people); (q) section 66AB (Making false report about child sexual offence). (4) To remove any doubt—

does not apply to an offence mentioned in subsection (1), whether or not it is an aggravated offence, unless the chapter applied to the offence before the commencement of this section. Note The Criminal Code does not apply to offences against this part that were offences in force before 1 January 2003 unless the offence is omitted and remade (see Criminal Code, s 8). (b) s 72EA (Aggravated offences—pt 3A offences involving family 72AB Alternative verdicts for aggravated offences—offences mentioned in column 2 of an item in table 72AB, the trier of fact— in relation to that finding of guilt.

Table 72AB item 1 section 51 (Sexual assault in the first • section 19 (Intentionally inflicting grievous bodily • section 51, simple offence • section 52 (Sexual assault in the second degree), • section 52, simple offence • section 53 (Sexual assault in the third degree), 2 section 52 (Sexual assault in the second • section 52, simple offence • section 53 (Sexual assault in the third degree),

item 3 section 53 (Sexual assault in the third 4 section 54 (Sexual intercourse without consent), aggravated 5 section 55 (Sexual intercourse with young person), aggravated • section 55, simple offence 6 section 57 (Act of indecency in the first • section 19 (Intentionally inflicting grievous bodily • section 57, simple offence • section 58 (Act of indecency in the second degree), aggravated offence • section 58, simple offence 7 section 58 (Act of indecency in the second • section 58, simple offence 8 section 59 (Act of indecency in the third • section 59, simple offence

item 9 section 60 (Act of indecency without consent), aggravated • section 60, simple offence 10 section 61 (Acts of indecency with young people), aggravated • section 61, simple offence 11 section 61B (1) (Intimate observations or capturing visual data etc), • section 61B (1), simple offence 12 section 61B (5) (Intimate observations or capturing visual data etc), • section 61B (5), simple offence 13 section 63 (Abduction), • section 63, simple offence 14 section 64 (Using child for production of child exploitation material etc), aggravated offence • section 64, simple offence 15 section 64A (Trading in child exploitation material), aggravated • section 64A, simple offence 16 section 65 (Possessing child exploitation material), aggravated • section 65, simple offence 17 section 66 (Grooming and depraving young people), aggravated • section 66, simple offence

item 18 section 66AB (Making false report about child sexual offence), • section 66AB, simple offence

72A Definitions—pt 3A aggravated offence, for an offence involving family violence—see section 72EA (2). breasts, of a female or a transgender or intersex person who identifies as a female, means the person’s breasts whether covered by underwear or bare. engaged in a private act means— (a) in a state of undress; or (b) using the toilet, showering or bathing; or (c) engaged in an act of a sexual nature of a kind not ordinarily done in public. genital or anal region, of a person, means the person’s genital or anal region whether covered by underwear or bare. intimate image, of a person— (a) means a still or moving image, in any form— (i) of the person’s genital or anal region; or (ii) for a female or a transgender or intersex person who identifies as a female—of the person’s breasts; or (iii) of the person engaged in a private act; or (iv) that depicts the person in a sexual manner or context; and (b) includes an image, in any form, that has been altered to appear to show any of the things mentioned in paragraph (a).

72B Meaning of distribute—pt 3A distribute— (a) includes any of the following conduct, whether done in person, electronically, digitally or in any other way: (i) send, supply, show, exhibit, transmit or communicate to another person; (ii) make available for viewing or access by another person, whether in person or by electronic, digital or any other means; but (b) does not include conduct mentioned in paragraph (a) done by a person solely in the person’s capacity as an internet service provider, internet content host or a carriage service provider. (2) A person is taken to have distributed an image whether or not another person views or accesses the image.

72C Non-consensual distribution of intimate images A person (the offender) commits an offence if— (a) the offender distributes an intimate image of another person; and (b) the offender— (i) knows the other person does not consent to the distribution; or (ii) is reckless about whether the other person consents to the distribution. (a) for an aggravated offence—400 penalty units, imprisonment for 4 years or both; or

(b) in any other case—300 penalty units, imprisonment for 3 years

72D Distribution of intimate image of young person (a) the person distributes an intimate image of another person; and (b) the other person is under 16 years old. (a) for an aggravated offence—600 penalty units, imprisonment for 6 years or both; or (b) in any other case—500 penalty units, imprisonment for 5 years (2) It is a defence to a prosecution for an offence against this section if the defendant proves that— (a) at the time of the offence— (i) the defendant believed on reasonable grounds that the person against whom the offence is alleged to have been committed was at least 16 years old; or (ii) the person against whom the offence is alleged to have been committed was— (A) at least 10 years old; and (B) not more than 2 years younger than the defendant; and

(b) the person against whom the offence is alleged to have been committed consented to the distribution of the intimate image. this section (see Criminal Code, s 59).

72E Threaten to capture or distribute intimate images (a) the person threatens to capture or distribute an intimate image of another person; and (b) the person— (i) intends the other person to fear that the threat would be (ii) is reckless about whether the other person would fear that the threat would be carried out. (a) for an aggravated offence—400 penalty units, imprisonment for 4 years or both; or (b) in any other case—300 penalty units, imprisonment for 3 years (a) a threat may be made by any conduct whether explicit, implicit, conditional, or unconditional; and (b) it is not necessary to prove that the other person actually feared

(c) a person may be found guilty even if carrying out the threat is impossible. Examples—par (c) • the image does not exist • technical limitations prevent the person from capturing or distributing the image capture intimate image—a person captures an intimate image of another person if the person captures an image of the other person, with a camera or by any other means, in such a way that— (a) a recording is made of the image; or (b) the image is capable of being transmitted in real time, with or without retention or storage, in a physical or electronic form; or (c) the image is otherwise capable of being distributed. 72EA Aggravated offences—pt 3A offences involving family (a) section 72C (Non-consensual distribution of intimate images); (b) section 72D (Distribution of intimate image of young person); (c) section 72E (Threaten to capture or distribute intimate images). (4) To remove any doubt, it is not necessary for the prosecution to prove that the defendant had a fault element in relation to any factor of aggravation.

(b) s 72AA (Aggravated offences—pt 3 offences involving family 72EB Alternative verdicts for aggravated offences—offences mentioned in column 2 of an item in table 72EB, the trier of fact— in relation to the finding of guilt. Table 72EB item 1 section 72C (Non-consensual distribution of intimate images), aggravated • section 72C, simple offence

item 2 section 72D (Distribution of intimate image of young person), • section 72D, simple offence 3 section 72E (Threaten to capture or distribute intimate images), • section 72E, simple offence

72F Consent—pt 3A (1) For this part, and without limiting the grounds on which it may be established that consent is negated, a person does not consent to the distribution of an intimate image of the person by another person (the offender) if the consent is caused by a circumstance set out in section 67 (1) (a) to (o). (2) Also, a person does not consent to the distribution of an intimate image of the person by the offender only because the person— (a) consented to the offender distributing the image or another intimate image on another occasion; or (b) consented to someone else distributing the image or another intimate image; or (c) consented to the offender or someone else distributing the image or another intimate image in a different way to the way the offender distributed the image; or (d) distributed the image or another intimate image to someone else.

72G Exceptions for reasonable distribution (1) An offence against section 72C or section 72D does not apply to the distribution of an intimate image— (a) by a law enforcement officer acting reasonably in the performance of the officer’s duty; or (b) for a lawful and common practice of law enforcement, criminal reporting or a legal proceeding; or (c) for the purpose of reporting unlawful conduct to a law enforcement officer; or (d) by a licensed security provider acting reasonably in the performance of a security activity; or (e) for a scientific, medical or educational purpose; or a patient consents to her a doctor providing an image of a mole on her breast to another doctor for a second opinion about the mole (f) by a person in the course of reasonably protecting premises owned by the person; or (g) of a child or other person incapable of giving consent in circumstances in which a reasonable person would regard the distribution of the intimate image as acceptable; or sharing a photograph or movie of a naked newborn relative (h) in circumstances or for a purpose prescribed by regulation. (2) Nothing in this section prevents a person being found guilty of an offence under or because of the Criminal Code, part 2.4 (Extensions of criminal responsibility).

law enforcement officer means— (b) a member of the staff of the Australian Crime Commission established by the Australian Crime Commission Act 2002 (Cwlth). licensed security provider means a person who holds a licence under the Security Industry Act 2003. security activity—see the Security Industry Act 2003, section 7.

72H Court may order rectification (1) This section applies if a person is found guilty of an offence against— (a) section 72C (Non-consensual distribution of intimate images); or (b) section 72D (Distribution of intimate image of young person); or (c) section 72E (Threaten to capture or distribute intimate images). (2) The court may order the person to take reasonable action to remove, retract, recover, delete or destroy an intimate image involved in the offence within a stated period. (3) The person commits an offence if the person fails to comply with the order.

Female genital mutilation Part 4

73 Meaning of female genital mutilation for pt 4 female genital mutilation means— (a) clitoridectomy or the excision of any other part of the female genital organs; or (b) infibulation or similar procedure; or (c) any other mutilation of the female genital organs.

74 Prohibition of female genital mutilation (1) A person shall not intentionally perform female genital mutilation on Maximum penalty: imprisonment for 15 years. (2) It is not a defence to a prosecution for an offence against this section that the person on whom the female genital mutilation was performed, or a parent or guardian of that person, consented to the mutilation.

75 Removal of child from ACT for genital mutilation (1) A person shall not take a child from the ACT, or arrange for a child to be taken from the ACT, with the intention of having female genital mutilation performed on the child. Maximum penalty: imprisonment for 7 years. (2) In proceedings for an offence against subsection (1), if it is proved (a) the defendant took a child, or arranged for a child to be taken, from the ACT; and

(b) female genital mutilation was performed on the child while outside the ACT; it will be presumed, in the absence of proof to the contrary, that the defendant took the child, or arranged for the child to be taken, from the ACT with the intention of having female genital mutilation performed on the child. child means a person under the age of 18 years.

76 Exception—medical procedures for genuine therapeutic purposes (1) It is not an offence against this part to perform a medical procedure that has a genuine therapeutic purpose or to take a person, or arrange for a person to be taken, from the ACT with the intention of having such a procedure performed on the person. (2) A medical procedure has a genuine therapeutic purpose only if— (a) performed on a person in labour, or who has just given birth, and for medical purposes connected with the labour or birth, by a doctor or midwife; or (b) it is necessary for the health of the person on whom it is performed and is performed by a doctor. (3) A medical procedure that is performed as, or as part of, a cultural, religious or other social custom is not of itself to be regarded as being performed for a genuine therapeutic purpose.

Female genital mutilation Part 4

77 Exception—sexual reassignment procedures (1) It is not an offence against this part to perform a sexual reassignment procedure or to take, or arrange for a person to be taken, from the ACT with the intention of having a sexual reassignment procedure performed on the person. sexual reassignment procedure means a surgical procedure performed by a medical practitioner to give a female person, or a person whose sex is ambivalent, the genital appearance of a person of the opposite sex or of a particular sex (whether male or female).

78 Meaning of sexual servitude and sexual services for pt 5 sexual services means the commercial use or display of the body of the person providing the service for the sexual gratification of others. sexual servitude is the condition of a person who provides sexual services and who, because of the use of force or a threat, is not free— (a) to stop providing sexual services; or (b) to leave the place or area where the person provides sexual services. (2) For subsection (1), definition of sexual servitude, the question whether, because of the use of force or a threat, a person is not free to stop providing sexual services, or to leave the place or area where the person provides sexual services, is to be decided according to whether a reasonable adult would consider, in the circumstances, that the person is not free to stop or leave. threat means— (a) a threat of force; or (b) a threat to cause a person’s deportation; or (c) a threat of other detrimental action unless there are reasonable grounds for the threat.

Sexual servitude Part 5

79 Sexual servitude offences (a) the person’s conduct causes someone else to enter into or remain in sexual servitude; and (b) the person intends to cause, or is reckless about causing, someone else to enter into or remain in sexual servitude. (a) if a person who enters or remains in sexual servitude is younger than 18 years—imprisonment for 19 years; or (2) A person commits an offence if the person— (a) conducts a business that involves the sexual servitude of others; and (b) knows that, or is reckless about whether, the business involves the sexual servitude of others. (a) if a person in sexual servitude involved with the business is younger than 18 years—imprisonment for 19 years; or conducts a business includes— (a) taking part in the management of the business; or (b) exercising control or direction over the business; or (c) providing finance for the business.

80 Deceptive recruiting for sexual services A person commits an offence if the person, with the intention of inducing someone else to enter into an engagement to provide sexual services, deceives the other person about the fact that the engagement will involve the provision of sexual services. (a) if the deceived person is younger than 18 years old— imprisonment for 9 years; or (b) in any other case—imprisonment for 7 years.

81 Sexual servitude offence etc against person younger than 18 years—charges and proof In a prosecution for an offence against this part, if the prosecution intends to prove that the offence was committed against a person younger than 18 years old— (a) the allegation that the offence was committed against a person younger than 18 years old must be stated in the charge; and (b) the prosecution must prove that the defendant intended to commit, or was reckless about committing, the offence against a person younger than 18 years old.

82 Alternative verdicts—sexual servitude offence etc section 79 or section 80, the trier of fact— (a) is not satisfied that the defendant committed the offence; but committed another offence against the section carrying a lesser penalty than the offence charged.

Sexual servitude Part 5 the finding of guilt.

Division 6.2A Money laundering and organised fraud Division 6.2A Money laundering and organised fraud 114A Definitions for div 6.2A deal, with money or other property, means— (a) receiving, possessing, concealing or disposing of money or other property; or (b) bringing into the ACT money or other property. proceeds of crime means— (a) any property derived or realised, directly or indirectly, by anyone from the commission of an offence punishable by imprisonment for longer than 12 months; or (b) any property derived or realised, directly or indirectly, by anyone from acts or omissions that— (i) happened outside the ACT; and (ii) would, if they had happened in the ACT, have been an offence punishable by imprisonment for longer than 12 months. property includes property located in Australia outside the ACT or outside Australia. unlawful activity means an act or omission that is an offence against the law of the Territory, the Commonwealth, a State, another Territory or a foreign country.

Money laundering and organised fraud Division 6.2A

114B Money laundering (a) the person deals with money or other property; and (b) the money or other property is proceeds of crime; and (c) the person knows that, or is reckless about the fact that, the money or other property is derived or realised, directly or indirectly, from some form of unlawful activity. Maximum penalty: 1 000 penalty units, imprisonment for 10 years

114C Possession etc of property suspected of being proceeds of crime (a) the person deals with money or other property; and (b) the money or other property is proceeds of crime. (2) An offence against this section is a strict liability offence.

114D Organised fraud (1) A person who engages in organised fraud commits an offence. Maximum penalty: 1 500 penalty units, imprisonment for 15 years (2) A person is taken to engage in organised fraud only if the person engages in acts or omissions— (a) that constitute 3 or more public fraud offences; and (b) from which the person derives substantial benefit.

(3) If, on a trial for an offence against subsection (1) (the offence charged), the trier of fact is not satisfied that the person is guilty of the offence charged but is satisfied that the person is guilty of 1 or more public fraud offences (the other offences), the trier of fact— (a) must acquit the person of the offence charged; and (b) may find the person guilty of the other offences. public fraud offence means an offence against the Criminal Code, section 333 (General dishonesty).

115 Interpretation for div 6.3 (1) In this division: property means any real or personal property (other than intangible property), and includes— (a) a wild animal that is tamed or ordinarily kept in captivity; and (b) a wild animal that is not tamed or ordinarily kept in captivity but that is— (i) reduced into the possession of a person who has not lost or abandoned that possession; or (ii) in the course of being reduced into the possession of a (2) For this division, property shall be taken to belong to any person who— (a) has possession or control of it; or (b) has any proprietary right or interest in it, other than an equitable interest arising only from an agreement to transfer or grant an interest; or

(c) has a charge on it. (3) If any property is subject to a trust, the trustee and any person having a right to enforce the trust shall, for this division, be taken to be the persons to whom the property belongs. (4) The property of a corporation sole shall, for this division, be taken to belong to the corporation notwithstanding any vacancy in the corporation. (5) For section 116 (Destroying or damaging property) and section 117 (Arson), a person who destroys or damages property shall be taken to have done so intentionally if he or she acted— (a) with intent to destroy or damage any property; or (b) in the knowledge or belief that his or her actions were likely to result in destruction of or damage to property. (6) For section 116 (Destroying or damaging property) and section 117 (Arson), a person who destroys or damages property shall be taken to have intended to endanger the life of another person by that destruction or damage if he or she acted— (a) with intent to endanger the life of any other person; or (b) in the knowledge or belief that his or her actions were likely to endanger the life of another person.

116 Destroying or damaging property (1) A person who destroys or damages (otherwise than by means of fire or explosive) any property with intent to endanger the life of another person by that destruction or damage commits an offence. (a) for an aggravated offence—imprisonment for 25 years; or (b) in any other case—imprisonment for 20 years.

(2) A person who dishonestly, with a view to gain for himself or herself or another person, destroys or damages (otherwise than by means of fire or explosive) any property commits an offence. (a) for an aggravated offence—380 penalty units, imprisonment for 19 years or both; or (b) in any other case—300 penalty units, imprisonment for 15 years (a) the person destroys or causes damage to property, other than by fire or explosive; and (b) the property belongs to— (i) someone else; or (ii) the person and someone else; and (c) the person intends to destroy or cause damage, or is reckless about destroying or causing damage, to the property. (a) for an aggravated offence—60 penalty units, imprisonment for (b) in any other case—50 penalty units, imprisonment for 2 years or Note The defence of lawful authority applies in relation to the offence under s (3) (see Criminal Code, s 43). (4) An offence against this section is an aggravated offence if the offence involves family violence. (5) If the prosecution intends to prove that the offence is an aggravated offence, the factor of aggravation must be stated in the charge.

(6) To remove any doubt— does not apply to an offence against this section, whether or not it is an aggravated offence. factor of aggravation means the matter mentioned in subsection (4). (b) s 72AA (Aggravated offences—pt 3 offences involving family (c) s 72EA (Aggravated offences—pt 3A offences involving family violence).

117 Arson (1) A person who destroys or damages by means of fire or explosive any property with intent to endanger the life of another person by that destruction or damage commits an offence. Maximum penalty: imprisonment for 25 years. (2) A person who dishonestly, with a view to gain for himself or herself or another person, destroys or damages by means of fire or explosive any property commits an offence. Maximum penalty: imprisonment for 20 years.

119 Defacing premises (1) A person commits an offence if the person–– (a) affixes a placard or paper, or makes a mark with chalk, paint or any other material on private premises; and (b) does not have the consent of–– (i) if the premises are occupied––the occupier or person in charge of the premises; or (ii) if the premises are not occupied––the owner or person in charge of the premises. (2) A person commits an offence if the person unlawfully affixes a placard or paper, or makes a mark with chalk, paint or any other material, on public property. public property means–– (a) a public road; or (b) a bus shelter; or (c) any other property of the Territory or Commonwealth or of an authority or body under a law of the Territory or the Commonwealth. public road––see the Public Unleased Land Act 2013, section 9.

120 Defacing premises––strict liability (1) A person commits an offence if the person–– (a) makes a mark with chalk, paint or any other material on private (b) does not have the consent of–– (i) if the premises are occupied––the occupier or person in charge of the premises; or (ii) if the premises are not occupied––the owner or person in charge of the premises. (2) A person commits an offence if the person unlawfully makes a mark with chalk, paint or any other material, on public property. (3) An offence against this section is a strict liability offence. public property––see section 119 (3).

122 Untrue representations A person who knowingly makes in any manner an untrue representation to any other person, being a representation that tends to give rise to apprehension for the safety of any person (including the person making the representation and the person to whom it is made) or property, or both, commits an offence.

123 Alternative verdicts—criminal damage to property (1) This section applies if, in a prosecution for an offence against this division, the trier of fact— (a) is not satisfied that the defendant committed the offence; but committed another offence against this division carrying a lesser penalty than the offence charged. the finding of guilt.

Division 6.6 Contamination of goods and related

135 Definitions of contaminate and goods contaminate, for goods, includes— (a) interfere with the goods; or (b) make it appear that the goods have been contaminated or interfered with. goods includes a substance— (a) whether or not for human consumption; and (b) whether natural or manufactured; and (c) whether or not incorporated or mixed with other goods.

Contamination of goods and related offences Division 6.6

136 Meaning of economic loss In this part, economic loss caused through public awareness of the contamination of goods, or the possibility of contamination, includes economic loss caused through— (a) members of the public not buying or using the goods or similar goods; or (b) steps taken to avoid public alarm or anxiety or to avoid harm to members of the public.

137 Contaminating goods with intent to cause public alarm or A person must not contaminate goods with the intention of— (a) causing public alarm or anxiety; or (b) causing economic loss through public awareness of the contamination.

138 Threatening to contaminate goods with intent to cause (1) A person must not threaten that goods will be contaminated with the intention of— (a) causing public alarm or anxiety; or (b) causing economic loss through public awareness of the possibility of contamination. (2) For this section, a threat may be made by any conduct, and may be explicit or implicit and conditional or unconditional.

139 Making false statements about contamination of goods with intent to cause public alarm or economic loss (1) A person must not make a statement that the person believes to be false with the intention of— (a) inducing the person to whom the statement is made or others to believe that goods have been contaminated; and (b) in that way, either— (i) causing public alarm or anxiety; or (ii) causing economic loss through public awareness of the contamination, or the possibility of contamination. (2) For this section, making a statement includes communicating information by any means.

140 Territorial nexus for offences It is immaterial that the conduct of a person forming an offence against this division happened outside the jurisdiction if the person intended by the conduct— (a) to cause public alarm or anxiety in the ACT; or (b) to cause economic loss in the ACT through public awareness of the contamination, or the possibility of contamination.

Offences relating to causing public alarm Division 6.7 Division 6.7 Offences relating to causing public alarm

140A Acting with intent to cause public alarm A person must not, with the intention of causing public alarm or anxiety— (a) do something that could endanger someone else’s life or health; or (b) do something that, in the circumstances in which it is done, a reasonable person would suspect could endanger someone else’s life or health (whether or not it could do so).

140B Threatening to act with intent to cause public alarm (1) A person must not threaten to do something that could endanger someone else’s life or health with the intention of causing public alarm or anxiety. (2) For this section, a threat may be made by any conduct, and may be explicit or implicit and conditional or unconditional.

140C Making false statements with intent to cause public alarm (1) A person must not make a statement that the person believes to be false with the intention of— (a) inducing the person to whom the statement is made or others to believe that something that could endanger someone else’s life or health has been done; and

(b) in that way, causing public alarm or anxiety. (2) For this section, making a statement includes communicating information by any means.

140D Territorial nexus for offences It is immaterial that the conduct of a person forming an offence against this division happened outside the ACT if the person intended by the conduct to cause public alarm or anxiety in the ACT.

141 Hindering working of mines A person who, with intent to hinder the working of a mine— (a) causes water to be conveyed or permitted to enter the mine or any subterraneous passage communicating with the mine; or (b) obstructs, or otherwise interferes with any airway, waterway, drain, pit, level or shaft of the mine;

142 Removal of sea banks etc A person who without lawful authority or excuse removes any article or material fixed in or placed on the ground and used for securing a sea bank or seawall, or the bank, dam or wall of any river, canal, drain, aqueduct, marsh, reservoir, pool, port, harbour, dock, quay, wharf, jetty or lock commits an offence.

Miscellaneous Division 6.8

143 Obstructing navigation of rivers A person who opens or draws up any floodgate or sluice or who in any way damages any navigable river or canal with intent to obstruct or prevent the navigation of the river or canal commits an offence.

144 Offences in relation to railways A person who, with intent to obstruct, damage or destroy any light rail vehicle, railway engine, tender, carriage or truck— (a) deposits any article or material on or across a railway; or (b) removes or displaces any rail, sleeper or other thing belonging to a railway; or (c) moves or diverts, or fails to move or divert, any point or other machinery belonging to a railway; or (d) displays, masks or removes any signal or light on or near a railway; or who does, or causes to be done, any other thing with that intent,

145 Obstructing railway engines A person who, by any unlawful act, omission or neglect, obstructs, or causes to be obstructed, the passage or working of a light rail vehicle, railway engine or carriage on any railway commits an offence. Maximum penalty: 100 penalty units, imprisonment for 3 years or

146 Alternative verdict If, on the trial of a person for an offence against section 144, the jury is not satisfied that the person is guilty of that offence but is satisfied that he or she is guilty of an offence against section 145, the jury may acquit the person of the offence charged and find him or her guilty of an offence against section 145.

147 Displaying false signals A person who, with intent to endanger any vessel, masks, alters or removes any light or signal or displays any false light or signal

148 Removing or concealing buoys etc A person who does any act with intent to cut away, cast adrift, remove, alter, deface, sink, destroy, damage or conceal any vessel, buoy, buoy-rope, perch or mark used or intended for the guidance of sailors or for the purposes of navigation commits an offence.

151 Forcible entry on land A person who enters on land that is in the actual and peaceable possession of another person in a manner likely to cause a breach of the peace commits an offence.

Miscellaneous Division 6.8

152 Forcible detainer of land A person who, being in actual possession of land without any legal right to possession, holds possession of the land against any person legally entitled to possession of the land in a manner likely to cause a breach of the peace commits an offence.

153 Disclosure of information by territory officer (1) A person who, being an officer of the Territory, publishes or communicates, except to some person to whom he or she is authorised to publish or communicate it, any fact or document which comes to his or her knowledge, or into his or her possession, by virtue of him or her being an officer of the Territory and which it is his or her duty not to disclose, commits an offence. Maximum penalty: 50 penalty units, imprisonment for 2 years or (2) A person who, having been an officer of the Territory, publishes or communicates, without lawful authority, any fact or document which came to his or her knowledge, or into his or her possession, by virtue of the person having been an officer of the Territory and which, at the time when he or she ceased to be an officer of the Territory, it was his or her duty not to disclose, commits an offence. Maximum penalty: 50 penalty units, imprisonment for 2 years or officer of the Territory means— (a) a public employee; or (b) a person who performs services for the Territory or a territory authority.

154 Additional offences on territory premises (1) A person who, without reasonable excuse, trespasses on government premises commits an offence. Maximum penalty: 1 penalty unit, imprisonment for 1 month or both. (a) engages in unreasonable obstruction in relation to the passage of persons or vehicles into, out of, or on government premises, or otherwise in relation to the use of government premises; or (b) being in or on government premises, behaves in an offensive or disorderly manner; or (c) being in or on government premises, refuses or neglects, without reasonable excuse, to leave those premises on being directed to do so by a police officer or by a person authorised in writing by a Minister or the territory authority occupying the premises to give directions for this section; Maximum penalty: 2.5 penalty units, imprisonment for 3 months or government premises means any land, building or part of a building occupied by the Territory or a territory authority. unreasonable obstruction means anything done by someone that is, or contributes to, an obstruction of or interference with the exercise or enjoyment by other people of their lawful rights or privileges (including rights of passage on public streets) that is unreasonable in all the circumstances (including the place, time, length and nature of the obstruction or interference).

158 Meaning of detention during pleasure In this part, a reference to detention during pleasure is a reference to detention during the pleasure of the Governor-General, the Governor of a State or the Administrator of the Northern Territory, as the case requires.

159 Aiding prisoner to escape (a) aids another person to escape, or to attempt to escape, from lawful custody in respect of an offence against a law of the Territory, a State or another Territory; or (b) aids another person who has been lawfully arrested in respect of such an offence to escape, or to attempt to escape, from that arrest; or (c) aids another person who is lawfully detained during pleasure in respect of such an offence to escape, or to attempt to escape, from that detention; or (d) takes anything into a correctional centre, lockup or another place of lawful detention with intent to facilitate the escape from there of someone else who is detained or in custody in relation to an offence against a law of the Territory, the Commonwealth, a State or another Territory;

160 Escaping A person who has been lawfully arrested, is in lawful custody, or is lawfully detained during pleasure, in respect of an offence against a law of the Territory, a State or another Territory and who escapes from that arrest, custody or detention commits an offence.

161 Rescuing a prisoner from custody etc (a) rescues by force a person (other than a person referred to in paragraph (c) or (d)) from lawful custody in respect of an offence against a law of the Territory, a State or another Territory with which the person has been charged; or (b) rescues by force a person who has been lawfully arrested in respect of such an offence with which the person has not been charged from that arrest; or (c) rescues by force a person who is in lawful custody at a correctional centre, lockup or another place of lawful detention in relation to an offence against a law of the Territory, the Commonwealth, a State or another Territory from that centre, lockup or place; or (d) rescues by force a person who is lawfully detained during pleasure in respect of such an offence from that detention; Maximum penalty: imprisonment for 14 years.

162 Person unlawfully at large (a) in accordance with a permission given under a law of the Territory, the Commonwealth, a State or another Territory, leaves a correctional centre, lockup or another place of lawful detention where the person is detained, in custody or detained during pleasure in relation to an offence against a law of the Territory, the Commonwealth, a State or another Territory; and (b) fails, without reasonable excuse, to return to that correctional centre, lockup or place in accordance with that permission;

163 Permitting escape (1) A person who— (a) is an officer of a correctional centre, lockup or other place of lawful detention, a constable or a Commonwealth officer; and (b) is charged for the time being with the custody or detention of another person (including a person detained during pleasure) in respect of an offence against a law of the Territory, a State or another Territory; and (c) wilfully or negligently permits that other person to escape from that custody or detention;

(2) A constable or a Commonwealth officer who wilfully or negligently permits a person who has been lawfully arrested in respect of an offence against a law of the Territory, a State or another Territory to escape from that arrest commits an offence. Commonwealth officer—see the Crimes Act 1914 (Cwlth), section 3. constable—see the Crimes Act 1914 (Cwlth), section 3.

164 Harbouring etc escapee A person who harbours, maintains or employs another person knowing that other person to have escaped from lawful custody or detention in respect of an offence against a law of the Territory, a State or another Territory commits an offence.

166 Failure to answer bail etc—offence (a) in accordance with a law in force in the ACT (other than the Bail Act 1992), a person arrested in respect of, or charged with, an offence against a law in force in the ACT has been— (i) admitted to bail on an undertaking; or (ii) released or discharged on entering into a recognisance, with or without a surety or sureties, on condition; that he or she will attend, or appear before, a court at a specified time and place or at a time and place to be determined and of which he or she is to be notified; and

(b) he or she fails, without reasonable excuse, to so attend or appear; the person commits an offence. (2) The reference in subsection (1) to an undertaking or a recognisance includes a reference to an undertaking given or a recognisance entered into (as the case requires) following the instituting of an appeal.

170 Meaning of anabolic steroid anabolic steroid includes— (a) a substance mentioned in schedule 1 and any— (i) salt, active principle or derivative of the substance; or (ii) stereoisomer of the substance; or (iii) preparation or admixture containing any proportion of the substance; and (b) a salt of an active principle or derivative of a substance mentioned in schedule 1; and (c) a salt of a stereoisomer of a substance mentioned in schedule 1.