49SFacilitating a sexual offence against a child

49S Facilitating a sexual offence against a child

(a) A engages in conduct that aids, facilitates or contributes in any way to another person (B) engaging in sexual conduct (whether or not in Victoria) in relation to a child; and

(b) A engages in the conduct with the intention of obtaining a benefit for A or another person (C); and

(i) intends that the conduct will aid, facilitate or contribute in any way to B engaging in sexual conduct in relation to a child; or

(ii) knows that the conduct will, or probably will, aid, facilitate or contribute in any way to B engaging in sexual conduct in relation to a child; and

(d) B's engaging in sexual conduct in relation to a child—

(i) constitutes an offence against section 38(1), 39(1), 40(1), 41(1) or a provision of this Subdivision (other than this section); or

(ii) constitutes an offence against a provision of Division 272 of Chapter 8 of the Criminal Code of the Commonwealth; or

(iii) takes place outside Victoria but would, if the conduct occurred in Victoria, constitute an offence against a provision covered by subparagraph (i) whether or not it constitutes an offence in the place in which it takes place.

(2) A person who commits an offence against subsection (1) is liable to level 3 imprisonment (20 years maximum).

(3) For the purposes of subsection (1), conduct that aids, facilitates or contributes in any way to another person engaging in sexual conduct in relation to a child includes—

(a) making travel arrangements; and

(b) causing or allowing a child to enter or remain on premises which A owns, occupies, manages or assists in managing.

A mistaken but honest and reasonable belief that B's engaging in sexual conduct in relation to a child did not constitute an offence or, if the conduct takes place outside Victoria, would not constitute an offence, is not a defence to this offence—see section 49ZC.

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