66Grooming and depraving young people

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).