Crimes Act 1900
72Indictment for act of indecency
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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