49HCausing a child under the age of 16 to be present during sexual activity

49H Causing a child under the age of 16 to be present during sexual activity

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

(f) A's causing or allowing C to be present when B engages in the activity is contrary to community standards of acceptable conduct.

S. 49H(2A) inserted by No. 34/2017 s. 31(1).

(3) Whether or not causing or allowing C to be present when B engages in the activity is contrary to community standards of acceptable conduct depends on the circumstances.

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

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

(b) by means of an electronic communication within the meaning of the Electronic Transactions (Victoria) Act 2000 that is received by C 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 C was in Victoria at the time at which that conduct occurred.

(7) It is immaterial that C 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 causing or allowing C to be present when B engages in the activity was not contrary to community standards of acceptable conduct is not a defence to this offence—see section 49ZC.

Note 4 to s. 49H inserted by No. 34/2017 s. 31(2).

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