49FSexual activity in the presence of a child under the age of 16

49F Sexual activity in the presence of a child under the age of 16

(e) B is a child under the age of 16 years; and

(f) engaging in the activity in the presence of B is contrary to community standards of acceptable conduct.

S. 49F(2A) inserted by No. 34/2017 s. 30(1).

(3) Whether or not engaging in the activity in the presence of B is contrary to community standards of acceptable conduct depends on the circumstances.

(ii) whether A seeks or gets sexual arousal or sexual gratification from engaging in the activity or from the presence of B;

(5) For the purposes of subsection (1), when A engages in an activity, B may be present—

(b) by means of an electronic communication within the meaning of the Electronic Transactions (Victoria) Act 2000 that is received by B in real time or close to real time.

(6) It is immaterial that some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria, so long as B was in Victoria at the time at which that conduct occurred.

(7) It is immaterial that B was outside Victoria at the time at which some or all of the conduct constituting an offence against subsection (1) occurred, so long as A was in Victoria at the time at which that conduct occurred.

3 A mistaken but honest and reasonable belief that the activity was not sexual or that engaging in the activity in the presence of B was not contrary to community standards of acceptable conduct is not a defence to this offence—see section 49ZC.

Note 4 to s. 49F inserted by No. 34/2017 s. 30(2).

S. 49G inserted by No. 47/2016 s. 16.