148FRecruiting child to engage in criminal activity

148F Recruiting child to engage in criminal activity (a) the person is an adult; and Criminal Code Act 1983 132 (b) the person intentionally recruits another person to carry out or assist in carrying out criminal activity; and (c) the other person is a child and the person has knowledge of that circumstance; and (d) the person is reckless as to whether the child carries out or assists in carrying out the criminal activity. (2) Absolute liability applies to subsection (1)(a). (3) A person may be found guilty of an offence against subsection (1) even if: (a) the criminal activity is not carried out; or (b) the criminal activity is impossible to carry out; or (c) the child is not prosecuted or found guilty of an offence. (4) A person cannot be found guilty of more than one of the following offences for the same conduct: (a) an offence against subsection (1); (b) an offence referred to in section 12(2); (c) an offence against section 43BI. Notes for subsection (4) 1 Section 12(2) refers to the offence of counselling or procuring. 2 Section 43BI is the offence of inciting the commission of an offence. criminal activity means conduct that constitutes an offence punishable by a maximum term of imprisonment of 1 year or more. recruit includes counsel, procure, solicit, incite and induce. Criminal Code Act 1983 133 Part VI Offences against the person and related Subdivision 1 Right of occupants etc. to safety from attack by intruders