Div 11ARecruiting a child to engage in criminal activity

Division 11A—Recruiting a child to engage in criminal activity

S. 321LA inserted by No. 43/2017 s. 4, amended by No. 32/2024 s. 799(2) (ILA s. 39B(1)).

321LA Definitions

S. 321LA(1) def. of adult inserted by No. 32/2024 s. 799(1).

adult means a person who is 18 years of age or over;

child means a person aged under 18 years;

criminal activity means conduct that constitutes an offence punishable on first conviction with imprisonment for life or for a term of 5 years or more;

recruit means incite, direct or induce.

S. 321LA(2) inserted by No. 32/2024 s. 799(2).

(2) Conduct by a child may be criminal activity even if, under section 10 or 11 of the Youth Justice Act 2024, it is presumed that the child cannot commit the offence that the conduct would constitute.

1 It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the Youth Justice Act 2024.

2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the Youth Justice Act 2024.

S. 321LB inserted by No. 43/2017 s. 4.

321LB Recruiting a child to engage in criminal activity

S. 321LB(1) amended by Nos 32/2024 s. 800, 54/2025 s. 7.

(1) An adult must not recruit another person to engage in criminal activity, knowing that the other person is a child.

(2) For an adult to be guilty of an offence under subsection (1), the adult must know that it is likely the child will engage in the criminal activity that is the subject of the recruiting.

(3) For the purposes of subsection (1), the ages of the adult and the child are to be ascertained at the time of the recruitment.

S. 321LC inserted by No. 43/2017 s. 4, amended by No. 32/2024 s. 801.

321LC Child need not engage in conduct or be prosecuted or found guilty of an offence

An adult may be found guilty of the offence referred to in section 321LB(1) whether or not the child referred to in that section—

(a) engages in criminal activity; or

(b) is prosecuted for, or is found guilty of, any offence.

S. 321LD inserted by No. 43/2017 s. 4, amended by No. 32/2024 s. 802.