49MGrooming for sexual conduct with a child under the age of 16

49M Grooming for sexual conduct with a child under the age of 16

(b) A communicates, by words or conduct (whether or not a response is made to the communication), with—

(i) another person (B) who is a child under the age of 16 years; or

(ii) another person (C) under whose care, supervision or authority B is; and

(c) A intends that the communication facilitate B engaging or being involved in the commission of a sexual offence by A or by another person who is 18 years of age or more.

(3) A does not intend to facilitate B engaging or being involved in the commission of a sexual offence by A or by another person who is 18 years of age or more if, were the conduct constituting the sexual offence to occur, A or the other person would satisfy an exception, or have a defence, to that sexual offence.

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

(5) It is immaterial that B or C was, or B and C were, 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 that conduct occurred.

(6) It is immaterial that A, B and C were all outside Victoria at the time at which some or all of the conduct constituting an offence against subsection (1) occurred, so long as A intended that the sexual offence would occur in Victoria.

communication includes an electronic communication within the meaning of the Electronic Transactions (Victoria) Act 2000;

(a) an offence against a provision of Subdivision (8A), this Subdivision (other than section 49K(1) or this section), (8C), (8D), (8E), (8F) or (8FA); or

(b) an attempt to commit an offence covered by paragraph (a); or

(c) an assault with intent to commit an offence referred to in paragraph (a).

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