11GLoitering by convicted child sexual offenders near premises frequented by children

#### 11G Loitering by convicted child sexual offenders near premises frequented by children 11G Loitering by convicted child sexual offenders near premises frequented by children > > (1) A person who is a convicted child sexual offender and who loiters, without reasonable excuse, in or near— > > > > > (a) a school, or > > > > > (b) a public place regularly frequented by children and in which children are present at the time of the loitering, > > > > is guilty of an offence. > > > > Maximum penalty—100 penalty units or imprisonment for 2 years, or both. > > > (2) In this section— > > > > child means a person under the age of 16 years. > > > > convicted child sexual offender means a person who has been convicted, whether before or after the commencement of this section, of any of the following offences— > > > > > (a) an offence involving sexual activity or sexual touching or a sexual act (within the meaning of Division 10 of Part 3 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040)) that was committed in New South Wales against or in respect of a child and that was punishable by penal servitude or imprisonment for 12 months or more, > > > > > (b) an offence under sections 91D–91G of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) (other than if committed by a child prostitute), > > > > > (c) an offence under section 91H, 578B or 578C (2A) of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (c1) an offence an element of which is an intention to commit an offence referred to in paragraph (a), (b) or (c), > > > > > (d) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraphs (a)–(c), > > > > > (e) an offence under a law of a place outside New South Wales that would, if it had been committed in New South Wales, be an offence referred to in paragraphs (a)–(d). > > > > conviction includes a spent conviction. > > > (3) For the purposes of this section, section 579 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) does not apply to or in respect of an offence referred to in the definition of convicted child sexual offender in subsection (2). > > **s 11G:** Ins 1998 No 131, Sch 2. Am 2002 No 98, Sch 4; 2003 No 27, Sch 15; 2004 No 95, Sch 2.6; 2018 No 33, Sch 5.14 \[2\].