49QCausing or allowing a sexual performance involving a child

49Q Causing or allowing a sexual performance involving a child

(a) A intentionally causes or allows another person (B) to take part in a sexual performance; and

(b) the sexual performance occurs in circumstances that involve any person receiving payment, reward or other benefit (whether before or after the performance) in respect of the performance; and

(c) B is a child under the age of 18 years.

sexual performance means a live performance (whether in person or by an electronic communication within the meaning of the Electronic Transactions (Victoria) Act 2000) that is, or could reasonably be considered to be, for the sexual arousal or sexual gratification of any person.

1 A defence applies to this offence—see section 49X.

2 A mistaken but honest and reasonable belief that the sexual performance did not occur in circumstances that involved payment, reward or other benefit to any person is not a defence to this offence—see section 49ZC.

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