321GIncitement

321G Incitement

(1) Subject to this Act, where a person in Victoria or elsewhere incites any other person to pursue a course of conduct which will involve the commission of an offence by—

(a) the person incited;

(b) the inciter; or

(c) both the inciter and the person incited—

if the inciting is acted on in accordance with the inciter's intention, the inciter is guilty of the indictable offence of incitement.

(2) For a person to be guilty under subsection (1) of incitement the person—

(a) must intend that the offence the subject of the incitement be committed; and

(b) must intend or believe that any fact or circumstance the existence of which is an element of the offence in question will exist at the time when the conduct constituting the offence is to take place.

(3) A person may be guilty under subsection (1) of incitement notwithstanding the existence of facts of which the person is unaware which make commission of the offence in question by the course of conduct incited impossible.

S. 321GA inserted by No. 32/2024 s. 798.

321GA Incitement of child who may not be criminally responsible

A person may be found guilty of an offence against section 321G even if—

(a) the person incited is a child; and

(b) under section 10 or 11 of the Youth Justice Act 2024, it is presumed that the child cannot commit the offence that is the subject of the incitement.

1 It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the Youth Justice Act 2024.

2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the Youth Justice Act 2024.

S. 321H inserted by No. 10079 s. 7(2), amended by No. 25/1989 s. 20(g).