Sch 2Class 2 offences

Schedule 2—Class 2 offences Section 7(3) Sch. 2 item 1 amended by No. 74/2014 s. 33(2)(a). 1. An offence against section 40(1) (sexual assault), or 41(1) (sexual assault by compelling sexual touching), of the **Crimes Act 1958** where the person against whom the offence is committed is a child. Sch. 2 item 2 amended by No. 74/2014 s. 33(2)(b). 2. An offence against section 42(1) (assault with intent to commit a sexual offence), or 43(1) (threat to commit a sexual offence), of the **Crimes Act 1958** where the person against whom the offence is committed is a child. Sch. 2 item 3 substituted by No. 47/2016 s. 43(8). 3 An offence against section 44(1) of the **Crimes Act 1958** (procuring sexual act by threat) if the person against whom the offence is committed is a child. Sch. 2 item 3A inserted by No. 47/2016 s. 43(8). 3A An offence against section 45(1) of the **Crimes Act 1958** (procuring sexual act by fraud) if the person against whom the offence is committed is a child. Sch. 2 item 4 amended by No. 2/2006 s. 45(2)(a), substituted by No. 47/2016 s. 43(8). 4 An offence against section 46(1) of the **Crimes Act 1958** (administration of an intoxicating substance for a sexual purpose) if the person against whom the offence is committed is a child. Sch. 2 item 4A inserted by No. 7/2014 s. 5(1), substituted by No. 47/2016 s. 43(8). 4A An offence against section 47(1) of the **Crimes Act 1958** (abduction or detention for a sexual purpose) if the person against whom the offence is committed is a child. Sch. 2 item 5 amended by No. 2/2006 s. 45(2)(b), substituted by No. 47/2016 s. 43(8). 5 An offence against section 48(1) of the **Crimes** **Act 1958** (sexual activity directed at another person) if the person against whom the sexual activity is directed is a child. Sch. 2 item 5A inserted by No. 47/2016 s. 43(8). 5A An offence against section 49D(1) of the **Crimes Act 1958** (sexual assault of a child under the age of 16). Sch. 2 item 6 amended by No. 2/2006 s. 45(2)(c), substituted by No. 47/2016 s. 43(8). 6 An offence against section 49E(1) of the **Crimes Act 1958** (sexual assault of a child aged 16 or 17 under care, supervision or authority). Sch. 2 item 6A inserted by No. 47/2016 s. 43(8). 6A An offence against section 49F(1) of the **Crimes Act 1958** (sexual activity in the presence of a child under the age of 16). Sch. 2 item 7 substituted by No. 47/2016 s. 43(8). 7 An offence against section 49G(1) of the **Crimes Act 1958** (sexual activity in the presence of a child aged 16 or 17 under care, supervision or authority). Sch. 2 item 7A inserted by No. 47/2016 s. 43(8). 7A An offence against section 49H(1) of the **Crimes Act 1958** (causing a child under the age of 16 to be present during sexual activity). Sch. 2 item 8 substituted by No. 47/2016 s. 43(8). 8 An offence against section 49I(1) of the **Crimes Act 1958** (causing a child aged 16 or 17 under care, supervision or authority to be present during sexual activity). Sch. 2 item 8A inserted by No. 47/2016 s. 43(8). 8A An offence against section 49K(1) of the **Crimes Act 1958** (encouraging a child under the age of 16 to engage in, or be involved in, sexual activity). Sch. 2 item 9 substituted by No. 47/2016 s. 43(8). 9 An offence against section 49L(1) of the **Crimes Act 1958** (encouraging a child aged 16 or 17 under care, supervision or authority to engage in, or be involved in, sexual activity). Sch. 2 item 9A inserted by No. 47/2016 s. 43(8). 9A An offence against section 49M(1) of the **Crimes Act 1958** (grooming for sexual conduct with a child under the age of 16). Sch. 2 item 10 substituted by No. 47/2016 s. 43(8). 10 An offence against section 49N(1) of the **Crimes Act 1958** (loitering near schools etc. by sexual offender). Sch. 2 item 10A inserted by No. 47/2016 s. 43(8). 10A An offence against section 49P(1) of the **Crimes Act 1958** (abduction or detention of a child under the age of 16 for a sexual purpose). Sch. 2 item 11 substituted by No. 47/2016 s. 43(8). 11 An offence against section 49Q(1) of the **Crimes Act 1958** (causing or allowing a sexual performance involving a child). Sch. 2 item 11A inserted by No. 47/2016 s. 43(8). 11A An offence against section 49R(1) of the **Crimes Act 1958** (inviting or offering a sexual performance involving a child). Sch. 2 item 12 amended by No. 2/2006 s. 45(2)(d), substituted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1). 12 An offence against section 51B(1) of the **Crimes Act 1958** (involving a child in the production of child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual. Sch. 2 item 13 substituted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1). 13 An offence against section 51C(1) of the **Crimes Act 1958** (producing child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual. Sch. 2 item 13A inserted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1). 13A An offence against section 51D(1) of the **Crimes Act 1958** (distributing child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual. Sch. 2 item 14 repealed by No. 2/2006 s. 45(2)(e), new Sch. 2 item 14 inserted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1). 14 An offence against section 51E(1) of the **Crimes Act 1958** (administering a website used to deal with child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual. Sch. 2 item 14A inserted by No. 34/2005 s. 22(1), substituted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1). 14A An offence against section 51F(1) of the **Crimes Act 1958** (encouraging use of a website to deal with child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual. Sch. 2 item 15 substituted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1). 15 An offence against section 51G(1) of the **Crimes Act 1958** (possession of child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual. Sch. 2 item 15A inserted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1). 15A An offence against section 51H(1) of the **Crimes Act 1958** (accessing child abuse material) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual. Sch. 2 item 16 substituted by No. 47/2016 s. 43(8), amended by No. 25/2017 s. 49(1). 16 An offence against section 51I(1) of the **Crimes Act 1958** (assisting a person to avoid apprehension) except if the offence only relates to child abuse material that depicts or describes a person who is, or who appears or is implied to be, a child as a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual. Sch. 2 item 16A inserted by No. 47/2016 s. 43(8), amended by No. 37/2022 s. 8(1). 16A An offence against section 52C(1) of the **Crimes Act 1958** committed against a child (sexual assault of a person with a cognitive impairment or mental illness). Sch. 2 item 17 substituted by No. 47/2016 s. 43(8). 17 An offence against section 52D(1) of the **Crimes Act 1958** (sexual activity in the presence of a person with a cognitive impairment or mental illness) if the person in the presence of whom the sexual activity is engaged in is a child. Sch. 2 item 17A inserted by No. 47/2016 s. 43(8). 17A An offence against section 52E(1) of the **Crimes Act 1958** (causing a person with a cognitive impairment or mental illness to be present during sexual activity) if the person in the presence of whom the sexual activity is engaged in is a child. Sch. 2 item 18 substituted by No. 47/2016 s. 43(8). 18 An offence against section 53G(1) of the **Crimes Act 1958** (aggravated deceptive recruiting for commercial sexual services). Sch. 2 item 18AAAA inserted by No. 42/2015 s. 28(2), repealed by No. 47/2016 s. 43(8). Sch. 2 item 18AAA inserted by No. 42/2015 s. 28(2), repealed by No. 47/2016 s. 43(8). Sch. 2 item 18AA inserted by No. 42/2015 s. 28(2), repealed by No. 47/2016 s. 43(8), new Sch. 2 item 18AA inserted by No. 7/2022 s. 80(1). 18AA An offence against section 53H(1) of the **Crimes Act 1958** (causing or inducing a child to take part in commercial sexual services). Sch. 2 item 18AB inserted by No. 7/2022 s. 80(1). 18AB An offence against section 53I(1) of the **Crimes Act 1958** (obtaining a commercial benefit, payment or reward for commercial sexual services provided by a child). Sch. 2 item 18AC inserted by No. 7/2022 s. 80(1). 18AC An offence against section 53J(1) of the **Crimes Act 1958** (agreement for provision of commercial sexual services by a child). Sch. 2 item 18AD inserted by No. 7/2022 s. 80(1). 18AD An offence against section 53K(1) of the **Crimes Act 1958** (allowing a child to take part in commercial sexual services). Sch. 2 item 18A inserted by No. 34/2005 s. 22(2), substituted by No. 47/2016 s. 43(8).