1 Short title

This Act may be cited as the Criminal Code Act 1924 .

2 Establishment of the Criminal Code

(1)  After the passing of this Act, the provisions contained in the Code of Criminal Law set forth in Schedule 1 , and hereinafter called the Code , shall be the law of this State with respect to the several matters therein dealt with.

(2)  The said Code may be cited as the Criminal Code .

3 Repeals

(1)  After the passing of this Act no penal enactment contained in any Imperial Act, not having the force of law in this State otherwise than by virtue of the provisions of section 24 of the Australian Courts Act 1828 , shall continue in force or be applied in the administration of justice in this State.

(2)  The several Acts mentioned in Schedule 2 shall be repealed to the extent in the said schedule indicated.

(3)  The repeal of any statute or part of a statute set forth in the said schedule shall not affect the construction of any other statute, or of any other part of the same statute.

4 Construction of statutes

(1)  After the passing of this Act every statute shall, for the purposes of this Act, be read and construed as if any offence therein mentioned for which the offender may be prosecuted on indictment or information (however such offence may be therein described or referred to) were described or referred to as a crime as defined by the Code ; and all provisions of this Act relating to crimes generally shall apply to every such offence.

(2)  Where in any statute reference is made to proceedings upon information in the Supreme Court, the same shall be construed as a reference to proceedings upon indictment.

(3)  *[Section 4 Subsection (3) substituted by No. 38 of 1963, s. 2 ]*Except as provided in section 36 of the Acts Interpretation Act 1931 , nothing contained in this Act or in the Code shall be construed to affect the construction of any statute, or of any provision thereof, creating an offence punishable summarily or referring or relating to summary proceedings.

4A Appointment of Crown Law officers

[Section 4A Inserted by No. 27 of 2024, s. 12, Applied:13 Dec 2024]

(1)  The Governor may appoint a person to institute or prosecute criminal proceedings in the Supreme Court.

(2)  On the commencement of this section, section 5 of the Australian Courts Act 1828 ceases to be in force and have effect in respect of this State.

(3)  For the avoidance of doubt, the fact that section 5 of the Australian Courts Act 1828 ceases to be in force and have effect on the commencement of this section does not affect the validity of a person appointed under that section before the commencement of this section.

5 Trial by magistrate in certain cases

(1)  Where in any unrepealed statute, passed before the passing of this Act, it is provided that any offence therein created, defined, or made punishable shall be punishable by any term of imprisonment not exceeding 2 years (whether such offence is described as a misdemeanour, or otherwise), or that any offence shall be a misdemeanour, and no specific punishment is thereby provided for the same, every such offence shall be punishable summarily before a magistrate as herein provided.

(2)  In every such case, as aforesaid, a magistrate shall have power to impose upon any person convicted of any such offence a term of imprisonment not exceeding one year, or such shorter period as may be provided by such statute, in addition to any fine or other punishment, if any, authorized thereby, or otherwise.

(3)  In any case in which the term of imprisonment authorized by any such statute exceeds one year the magistrate before whom any person is charged with an offence thereunder may –

(a) if such person demands to be tried by jury; or

(b) if, in his opinion, the charge should be tried upon indictment –

commit such person for trial upon indictment under the Code .

(4)  A person so committed shall thereupon be dealt with under the provisions of the Code relating to proceedings upon indictment, and may be punished in manner provided by such statute as aforesaid.

(5)  *[Section 5 Subsection (5) added by 25 Geo. V No. 43, s. 2 ]*The provisions of this section shall apply only in respect of offences which were intended by the Act constituting the same to be prosecuted upon information or indictment, and in respect of which no other mode of proceeding is provided by such Act or any other Act.

6 Prosecutions at common law abolished

After the passing of this Act no person shall be proceeded against as for a crime as defined by the Code , except under the provisions of this Act, or of some other Act, or of some Commonwealth Act, or of some Imperial Act in force in this State.

7 Proceedings to be initiated by indictment

[Section 7 Amended by No. 22 of 2007, s. 23, Applied:01 Feb 2008] Except as otherwise provided by [the Code](# JS1@EN) or an Act, proceedings in the Supreme Court against any person for a crime shall be initiated by indictment, and shall be prosecuted in accordance with the provisions of the Code relating thereto.

8 Saving of common law defences

All rules and principles of the common law which render any circumstances a justification or excuse for any act or omission, or a defence to a charge upon indictment, shall remain in force and apply to any defence to a charge upon indictment, except in so far as they are altered by, or are inconsistent with, the Code .

9 No remedy in tort for act declared lawful: Civil remedies for crime not suspended

(1)  Where by the Code any act is declared to be lawful, no action shall be brought in respect thereof.

(2)  Except as aforesaid, the provisions of this Act shall not affect any right of action which any person would have had against another if this Act had not been passed; nor shall the omission from the Code of any penal provision in respect of any act or omission which, before the passing of this Act, constituted an actionable wrong affect any right of action in respect thereof.

(3)  No civil remedy for any act or omission shall be suspended by reason that such act or omission amounts to a criminal offence.

10 Saving of summary procedure at common law for contempt of court

Nothing in this Act shall affect the authority of courts of record to punish a person summarily for the offence commonly known as "contempt of court"; but no person shall be so punished and also punished under the provisions of the Code for the same act or omission.

11 Outlawry, attaint, and forfeiture abolished

(1)  After the passing of this Act no proceedings in outlawry shall be taken, and no judgment of outlawry shall be pronounced, against any person.

(2)  No confession, verdict, inquest, conviction, or judgment of or for any treason, felony, or other crime, shall hereafter cause any attainder or corruption of blood or any forfeiture or escheat other than any fine or penalty imposed by the sentence of the Court.

12 Rules of Court

[Section 12 Amended by 25 Geo. V No. 78 ][Section 12 Amended by No. 50 of 1977, s. 10 ][Section 12 Amended by No. 83 of 1987, s. 4 ]

(1)  [Section 12 Subsection (1) amended by No. 18 of 2008, s. 17, Applied:26 Jun 2008] [Section 12 Subsection (1) amended by No. 18 of 2008, s. 17, Applied:26 Jun 2008] The judges, or a majority of them, may make Rules of Court prescribing all such matters and things as are required to be prescribed or as may be necessary or desirable for giving effect to the provisions of the Code .

(1A)  [Section 12 Subsection (1A) inserted by No. 18 of 2008, s. 17, Applied:26 Jun 2008] The Rules of Court may provide for –

(a) all matters relating to procedure and practice –

(i) on appeals to the Court of Criminal Appeal on questions reserved for the consideration and determination of that Court, or referred to that Court, pursuant to Chapter XLII of the Code; and

(ii) on or after the committal of a defendant to the Supreme Court for sentence or trial; and

(iii) in all proceedings before courts of trial; and

(b) all incidental matters.

(2)  This section does not authorize the making of provision by a Rule of Court of any matter for which provision may be made under section 12A .

12A Business and sittings of court

[Section 12A Inserted by No. 50 of 1977, s. 10 ][Section 12A Subsection (1) amended by No. 33 of 1982, s. 3 ][Section 12A Subsection (2A) inserted by No. 33 of 1982, s. 3 ][Section 12A Subsection (2B) inserted by No. 33 of 1982, s. 3 ][Section 12A Subsection (2C) inserted by No. 33 of 1982, s. 3 ]**[Section 12A Subsection (3A) inserted by No. 33 of 1982, s. 3 ][Section 12A Substituted by No. 43 of 2006, s. 16, Applied:18 Dec 2006]

(1)  The Chief Justice is responsible for ensuring the orderly and expeditious discharge of the business of the criminal jurisdiction of the Supreme Court and the Court of Criminal Appeal and accordingly may, subject to this Act and after such consultation with the judges as is appropriate and practicable, make arrangements as to the judge or judges who is or are to constitute the Court in a particular matter or class of matters.

(2)  Sittings of the criminal jurisdiction of the Supreme Court and sittings of the Court of Criminal Appeal are to be held from time to time as required at the places at which the registries of the Court are established and at such other places as may be determined by the Chief Justice from time to time.

13 Saving of prerogative of mercy

Nothing herein contained shall affect His Majesty's Royal prerogative of mercy.

SCHEDULE 1 SCHEDULE 1

Part I Introductory

Chapter I Interpretation

1A Definitions for purposes of sections 130 , 130A , 130B , 130C , 130D , 130E , 130F , 130G and 337C

[Section 1A Amended by No. 29 of 2005, s. 4, Applied:01 Aug 2005] For the purposes of sections 130 , 130A , 130B , 130C , 130D , 130E , 130F , 130G and 337C  –

access, in relation to material, includes the display of the material by an electronic medium or any other output of the material by an electronic medium;

child exploitation material means material that describes or depicts, in a way that a reasonable person would regard as being, in all the circumstances, offensive, a person who is or who appears to be under the age of 18 years –

(a) engaged in sexual activity; or

(b) in a sexual context; or

(c) as the subject of torture, cruelty or abuse (whether or not in a sexual context);

electronic medium means any thing that contains data from which text, images or sound can be generated;

material includes any film, printed matter, electronic data and any other thing of any kind (including any computer image or other depiction);

person includes part of a person;

produce includes make, film, print, photograph and record.

2A Consent

[Section 2A Inserted by No. 71 of 1987, s. 4 ][Section 2A Amended by No. 61 of 2004, s. 4, Applied:17 Dec 2004]

(1)  In the Code, unless the contrary intention appears, "consent" means free agreement.

(2)  Without limiting the meaning of "free agreement", and without limiting what may constitute "free agreement" or "not free agreement", a person does not freely agree to an act if the person –

(a) does not say or do anything to communicate consent; or

(b) agrees or submits because of force, or a reasonable fear of force, to him or her or to another person; or

(c) agrees or submits because of a threat of any kind against him or her or against another person; or

(d) agrees or submits because he or she or another person is unlawfully detained; or

(e) agrees or submits because he or she is overborne by the nature or position of another person; or

(f) agrees or submits because of the fraud of the accused; or

(g) is reasonably mistaken about the nature or purpose of the act or the identity of the accused; or

(h) is asleep, unconscious or so affected by alcohol or another drug as to be unable to form a rational opinion in respect of the matter for which consent is required; or

(i) is unable to understand the nature of the act.

(2A)  [Section 2A Amended by No. 13 of 2022, s. 4, Applied:22 Aug 2022] Without limiting the application of subsection (2) to an act of sexual intercourse, a person does not freely agree to an act of sexual intercourse with another person if the person says or does anything to communicate to the other person that a condom must be used for that sexual intercourse and the other person intentionally –

(a) does not use a condom; or

(b) tampers with the condom; or

(c) removes the condom –

before or during the sexual intercourse.

(3)  If a person, against whom a crime is alleged to have been committed under chapters XIV or XX , suffers grievous bodily harm as a result of, or in connection with, such a crime, the grievous bodily harm so suffered is evidence of the lack of consent on the part of that person unless the contrary is shown.

2B Sexual intercourse

[Section 2B Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017]

(1)  In this Code –

sexual intercourse means –

(a) the penetration, to the least degree, of a person's vagina, genitalia, anus or mouth by a penis; or

(b) the penetration, to the least degree, of a person's vagina, genitalia or anus by a body part of a person other than a penis; or

(c) the penetration, to the least degree, of a person's vagina, genitalia or anus by an object held or manipulated by, or attached to, another person; or

(d) the continuation of an act of penetration referred to in paragraph (a), (b) or (c) of this definition.

(2)  In this section –

penetration does not include penetration carried out for a proper medical purpose, for the purposes of hygiene or for any purpose that is authorised by law.

Chapter II Persons Subject to Punishment for a Crime

Chapter III Application of Criminal Law

8.

[Section 8 Repealed by No. 43 of 1995, s. 10 ]

Chapter IV Criminal Responsibility

14 Mistake of fact

Whether criminal responsibility is entailed by an act or omission done or made under an honest and reasonable, but mistaken, belief in the existence of any state of facts the existence of which would excuse such act or omission, is a question of law, to be determined on the construction of the statute constituting the offence.

14A Mistake as to consent in certain sexual offences

[Section 14A Amended by No. 61 of 2004, s. 4, Applied:17 Dec 2004]

(1)  [Section 14A Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017] In proceedings for an offence against section 124 , 125B , 127 or 185 , a mistaken belief by the accused as to the existence of consent is not honest or reasonable if the accused –

(a) was in a state of self-induced intoxication and the mistake was not one which the accused would have made if not intoxicated; or

(b) was reckless as to whether or not the complainant consented; or

(c) did not take reasonable steps, in the circumstances known to him or her at the time of the offence, to ascertain that the complainant was consenting to the act.

(2)  [Section 14A Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017] In proceedings for an offence of attempting to commit an offence against section 124 , 125B or 185 , absence of intention to commit the attempted offence is not a defence if it is established that the absence of intent was due to –

(a) self-induced intoxication; or

(b) [Section 14A Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017] a failure to take reasonable steps in the circumstances known to the accused at the time of the offence to ascertain that the complainant would have consented to the act constituting the offence against section 124 , 125B or 185 .

14B Mistake as to age of victim in relation to certain sexual offences

[Section 14B Amended by No. 34 of 2013, s. 4, Applied:08 Oct 2013]

(1)  In this section –

relevant offence means –

(a) [Section 14B Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017] an offence against section 124 , 125B , 125C , 125D or 127 ; and

(b) [Section 14B Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017] an offence of attempting to commit an offence against section 124 , 125B , 125C , 125D or 127 .

(2)  In proceedings for a relevant offence, by an accused, in respect of a person who is under the age of 13 years, a mistaken belief by the accused as to the age of the person does not excuse the accused from criminal responsibility for any act or omission done or made under such a mistaken belief.

(3)  In proceedings for a relevant offence, by an accused, in respect of a person who is under the age of 17 years, a mistaken belief by the accused as to the age of the person is not honest or reasonable if –

(a) the accused did not take all reasonable steps to ascertain the age of the person; or

(b) the accused was in a state of self-induced intoxication and the mistake was not one which the accused would have made if not intoxicated.

(4)  [Section 14B Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017] For the avoidance of doubt, in proceedings for a relevant offence, by an accused, in respect of a person who is under the age of 17 years but not under the age of 13 years, an honest and reasonable but mistaken belief by the accused as to the age of the person may be relied on for the purpose of a defence referred to in section 124(3) , section 125B(3) , section 125C(4) , section 125D(5) or section 127(2) .

15 Presumption of sanity

Every person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved.

16 Insanity

(1)  A person is not criminally responsible for an act done or an omission made by him –

(a) when afflicted with mental disease to such an extent as to render him incapable of –

(i) understanding the physical character of such act or omission; or

(ii) knowing that such act or omission was one which he ought not to do or make; or

(b) when such act or omission was done or made under an impulse which, by reason of mental disease, he was in substance deprived of any power to resist.

(2)  The fact that a person was, at the time at which he is alleged to have done an act or made an omission, incapable of controlling his conduct generally, is relevant to the question whether he did such act or made such omission under an impulse which by reason of mental disease he was in substance deprived of any power to resist.

(3)  A person whose mind at the time of his doing an act or making an omission is affected by a delusion on some specific matter, but who is not otherwise exempted from criminal responsibility under the foregoing provisions of this section, is criminally responsible for the act or omission to the same extent as if the fact which he was induced by such delusion to believe to exist really existed.

(4)  For the purpose of this section the term mental disease includes natural imbecility.

17 Intoxication

[Section 17 Amended by 10 Geo. VI No. 14, s. 2 ]

(1)  The provisions of section 16 shall apply to a person suffering from disease of the mind caused by intoxication.

(2)  Evidence of such intoxication as would render the accused incapable of forming the specific intent essential to constitute the offence with which he is charged shall be taken into consideration with the other evidence in order to determine whether or not he had that intent.

(3)  Evidence of intoxication not amounting to any such incapacity as aforesaid shall not rebut the presumption that a person intends the natural and probable consequences of his acts.

18 Immature age

[Section 18 Amended by No. 71 of 1987, s. 5 ]

(1)  [Section 18 Amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] No act or omission done or made by a person under 10 years of age is an offence.

(2)  No act or omission done or made by a person under 14 years of age is an offence unless it be proved that he had sufficient capacity to know that the act or omission was one which he ought not to do or make.

(3)  [Section 18 Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017] .  .  .  .  .  .  .  .

19 Judicial officers

A judicial officer is not criminally responsible for anything done or omitted to be done by him in good faith in the exercise of his judicial functions, although the act done is in excess of his judicial authority, or although he is bound to do the act omitted to be done.

20 When compulsion a defence

[Section 20 Amended by No. 7 of 1994, s. 4 ]

(1)  Except as provided by section 64 , compulsion by threats of immediate death or grievous bodily harm, from a person actually present at the commission of the offence, shall be an excuse for the commission, by a person subject to such threats, and who believes that such threats will be executed, and who is not a party to any association or conspiracy the being a party to which rendered him subject to compulsion, of any offence other than treason, murder, piracy, offences deemed to be piracy, attempting to murder, rape, forcible abduction, aggravated armed robbery, armed robbery, aggravated robbery, robbery, causing grievous bodily harm, and arson.

(2)  A married woman shall be in the same position as regards compulsion by her husband as if she were unmarried.

21 Execution of sentences, process, and warrants to arrest or detain declared lawful

(1)  It is lawful for a person who is charged by law with the duty of executing or giving effect to the lawful sentence of a court, and for every person lawfully assisting him, to execute or give effect to that sentence.

(2)  It is lawful for a person who is charged by law with the duty of executing the lawful process of a court, and who is required to arrest or detain another person under such process, and for every person lawfully assisting a person so charged, to arrest or detain that other person according to the terms of the process.

(3)  It is lawful for a person who is charged by law with the duty of executing a lawful warrant issued by any court or justice or other person having jurisdiction to issue it, and who is required to arrest or detain another person under such warrant, and for every person lawfully assisting a person so charged, to arrest or detain that other person according to the directions of the warrant.

(4)  [Section 21 Amended by No. 16 of 2006, s. 17, Applied:01 Nov 2006] It is lawful for a police officer who is charged by law with the duty of executing a lawful warrant issued by any court or justice or other person having jurisdiction to issue it, and who is required to arrest or detain a person under that warrant, to arrest or detain that person in accordance with section 301(4) and (5) .

22 Erroneous sentence or process or warrant

If a sentence was passed or process issued by a court having jurisdiction under any circumstances to pass such a sentence or to issue such a process, or if a warrant was issued by a court or justice or other person having authority under any circumstances to issue such a warrant, it is immaterial whether the court or justice or person had or had not authority to pass the sentence or issue the process or warrant in the particular case, unless the person executing the same knows that the sentence or process or warrant was in fact passed or issued without authority.

23 Sentence or process or warrant without jurisdiction

A person who executes or assists in executing any sentence, process, or warrant which purports to be passed or issued by a court or justice or other person, and who would be justified in executing the same if it had been passed or issued by a court, justice, or person having authority to pass or issue it, is not criminally responsible for any act done in such execution, notwithstanding that the court or justice or person had no authority to pass the sentence or issue the process or warrant, if in such execution he acted in good faith and in the belief that the sentence, process, or warrant was that of a court or justice, or other person having such authority.

24 Arrest in good faith of wrong person

(1)  A person who, being duly authorized to execute a warrant to arrest one person, arrests another person, believing in good faith and on reasonable grounds that the person arrested is the person named in the warrant, is not criminally responsible for doing so to any greater extent than if the person arrested had been the person named in the warrant.

(2)  Any person called upon to assist in any such arrest who assists therein, and any person required to receive and detain persons lawfully arrested who receives or detains such person, in the belief in any of such cases that such person is the person named in the warrant, is not criminally responsible to any greater extent than if the person arrested had been the person named in the warrant.

25 Irregular process or warrant

When any process or warrant is bad in law by reason of some defect in substance or in form apparent on the face of it, a person who, in good faith and believing that it is good in law, acts in the execution of the process or warrant, is not criminally responsible for anything done in such execution to any greater extent than if the process or warrant were good in law.

26 Force used in executing process or in arrest

(1)  It is lawful for any person who is justified or protected in the execution of any sentence, process, or warrant, or in making an arrest, to use such force as may be reasonably necessary to overcome any force used in resisting such execution or arrest.

(2)  It is lawful for a person who is justified or protected from criminal responsibility in the execution of any sentence, process, or warrant, to cause such damage to property as he may believe in good faith and on reasonable grounds to be necessary for the purpose of effecting such execution.

26A Entry on premises for purposes of arrest

[Section 26A Amended by No. 16 of 2006, s. 17, Applied:01 Nov 2006]

(1)  A police officer may enter (using reasonable force if necessary), remain on and search premises, including a conveyance –

(a) on or in which the police officer has reasonable grounds for believing that a person named in a warrant for arrest is present; or

(b) [Section 26A Amended by No. 18 of 2008, s. 18, Applied:26 Jun 2008] for the purpose of making an arrest without warrant if lawful to do so.

(2)  Before entering any premises pursuant to subsection (1) , a police officer must communicate or attempt to communicate to a person within the premises the police officer's authority to enter the premises unless the police officer reasonably believes that communicating or attempting to communicate would be likely to endanger any person or frustrate the arrest.

27 Arrest without warrant

[Section 27 Amended by No. 33 of 1965, s. 3 ]

(1)  It is lawful for a police officer to arrest without warrant any person whom he finds committing a crime.

(2)  In any case where any of the crimes specified in Appendix A has been committed it is lawful for a police officer to arrest without warrant any person whom he believes on reasonable grounds to have committed such crime.

(3)  In any case where a police officer believes on reasonable grounds that any of the crimes specified in Appendix A has been committed it is lawful for him to arrest without warrant any person whom he believes on reasonable grounds to have committed such crime.

(4)  It is the duty of every person to arrest without warrant any person whom he finds committing any of the crimes in Appendix A .

(5)  In any case where any of the crimes specified in Appendix B has been committed it is lawful for any person to arrest without warrant any person whom he believes on reasonable grounds to have committed such crime.

(6)  It is lawful for any person to arrest without warrant any person whom he sees committing a breach of the peace or whom he believes on reasonable grounds to be about to commit or renew a breach of the peace.

(7)  It is lawful for any person who finds another lying or loitering in any place by night under such circumstances as to afford reasonable grounds for believing that he has committed, or is about to commit, a crime, and who does in fact so believe, to arrest him without warrant.

(8)  It is lawful for any person to arrest without warrant any person whom he believes on reasonable grounds to have committed a crime, and to be escaping from, and to be freshly pursued by, some person whom he believes on reasonable grounds to have authority to arrest him for that offence.

(9)  In every case under this section in which it is lawful for a police officer to arrest any person it is his duty to do so.

(10)  It is lawful for a police officer or the person in command of an aircraft to arrest without warrant on board that aircraft a person whom he finds committing, or attempting to commit, or whom he believes on reasonable grounds to have committed, or to have attempted to commit, a crime under Chapter XXXIA .

(11)  It is lawful for any person to assist the person in command of an aircraft to arrest without warrant any other person on board the aircraft unless he knows the arrest to be illegal.

(12)  [Section 27 Amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] The power of a police officer to arrest a person under this section is subject to the limits imposed on the power to arrest by section 24 of the Youth Justice Act 1997 .

28 Duty to assist police to make arrests

In any case where any person is called upon by a police officer to assist him in making an arrest it is the duty of such person to assist such officer therein, unless such person knows the arrest to be illegal.

29 Saving of statutory powers

*[Section 29 Amended by 25 Geo. V No. 78 ]*Nothing in the Code shall take away or diminish any authority given by any other statute to arrest, detain, or put restraint upon any person.

30 Police officer preventing escape from arrest

(1)  Where a police officer is proceeding lawfully to arrest a person, with or without warrant, and the person sought to be arrested takes to flight in order to avoid arrest, it is lawful for the police officer, and for any person lawfully assisting him, to use such force as may be reasonably necessary to prevent the escape of the person sought to be arrested.

(2)  Where a police office has lawfully arrested any person, it is lawful for him to use such force as he believes on reasonable grounds to be necessary to prevent the escape or rescue of the person so arrested.

(3)  This section shall not authorize the use of force which is intended or is likely to cause death or grievous bodily harm, except in a case where the person sought to be arrested is suspected on reasonable grounds of having committed any of the crimes specified in Appendix B , nor until the person sought to be arrested has been called upon to surrender.

31 Other cases of preventing escape from arrest

(1)  It is lawful for any person who is proceeding lawfully to arrest another person to use such force as may be reasonably necessary to prevent his escape.

(2)  This section shall not authorize the use of force which is intended or is likely to cause death or grievous bodily harm.

32 Preventing escape or rescue after arrest

(1)  Where any person has lawfully arrested another person it is lawful for him to use such force as he believes on reasonable grounds to be necessary to prevent the escape or rescue of the person arrested.

(2)  This section shall not authorize the use of force which is intended or is likely to cause death or grievous bodily harm.

33.

[Section 33 Repealed by No. 30 of 1976, s. 9 ]

34 Suppression of riot

(1)  It is lawful for any person to use such force as is necessary to suppress a riot, and is reasonably proportioned to the danger to be apprehended from the continuance of the riot.

(2)  It is lawful for a police officer to use such force as he believes on reasonable grounds to be necessary in order to suppress a riot, not being disproportioned to the danger which he believes on reasonable grounds is to be apprehended from the continuance of the riot.

35 Suppression of riot by magistrates and police officers

It is lawful for a sheriff or justice to use or order to be used such force as he believes on reasonable grounds to be necessary in order to suppress a riot, not being disproportioned to the danger which he believes on reasonable grounds is to be apprehended from the continuance of the riot.

36 Suppression of riot by person acting under lawful orders

(1)  It is lawful for any person acting in good faith in obedience to an order, not manifestly unlawful, given by a sheriff or justice for the suppression of a riot, to use such force as he believes on reasonable grounds to be necessary for carrying such order into effect.

(2)  It is a question of law whether any particular order is manifestly unlawful or not.

37 Suppression of riot by person acting without order in case of emergency

Where any person, whether subject to military law or not, believes on reasonable grounds that serious mischief will arise from a riot before there is time to procure the intervention of a sheriff or justice, it is lawful for him to use such force as he believes on reasonable grounds to be necessary for the suppression of the riot, not being disproportioned to the danger which he believes on reasonable grounds is to be apprehended from the continuance of the riot.

38 Riot: Persons subject to military law

(1)  It is lawful for a person who is bound by military law to obey the lawful commands of his superior officer to obey any command given him by such officer for the suppression of a riot, unless the command is manifestly unlawful.

(2)  It is a question of law whether any particular command is manifestly unlawful or not.

39 Prevention of certain crimes

It is lawful for any person to use such force as he believes on reasonable grounds to be necessary in order to prevent the commission of a crime, the commission of which would be likely to cause immediate and serious injury to any person or property, or in order to prevent any act being done which he believes on reasonable grounds would, if done, amount to any such crime.

39A Detention, &c., of persons in aircraft

[Section 39A Inserted by No. 33 of 1965, s. 4 ]

(1)  It is lawful for a police officer or the person in command of an aircraft, where he considers it necessary so to do in order to prevent the commission of a crime under Chapter XXXIA or to avoid danger to the safety of the aircraft or of persons on board the aircraft –

(a) to place or keep a person who is on board the aircraft under restraint or in custody; and

(b) if the aircraft is not in motion, to remove a person from the aircraft.

(2)  It is lawful for any person to assist a police officer or the person in command of an aircraft in the exercise of the powers conferred by subsection (1) .

39B Search of aircraft, &c.

[Section 39B Inserted by No. 33 of 1965, s. 4 ]

(1)  If the person in command of an aircraft or a person authorized in writing in a particular case by a justice believes on reasonable grounds that an offence involving the safety of an aircraft has been, is being, or may be committed on board or in relation to an aircraft he may search or cause to be searched –

(a) the aircraft and any person, luggage, or freight on board the aircraft; and

(b) any person who is about to board the aircraft and any luggage or freight that is about to be placed on board the aircraft.

(2)  It is lawful for any person to assist the person in command of an aircraft or authorized in accordance with subsection (1) in the exercise of the powers conferred by that subsection.

(3)  Nothing in this section authorizes the search of a female otherwise than by a female.

40 Defence of dwelling-house

It is lawful for any person who is in peaceable possession of a dwelling-house, and for any person lawfully assisting him or acting by his authority, to use such force as the person using the same believes on reasonable grounds to be necessary to prevent the forcible breaking and entering of the dwelling-house by any person whom he believes on reasonable grounds to be attempting to break or enter the dwelling-house with intent to commit any crime therein, or to eject therefrom any person who has unlawfully entered the dwelling-house, and whom he believes on reasonable grounds to intend to commit a crime therein.

41 Defence of premises against trespasses: Removal of disorderly persons

It is lawful for a person who is in peaceable possession of any land, structure, vessel, or place, or who is entitled to the control or management of any land, structure, vessel, or place, and for any person lawfully assisting him or acting by his authority, to use such force as the person using the same believes on reasonable grounds to be necessary to prevent any person from wrongfully entering upon such land, structure, vessel, or place, or to remove therefrom a person who wrongfully remains therein or conducts himself therein in a disorderly manner; provided that any such force is not intended and is not likely to cause death or grievous bodily harm.

42 Defence of possession of real property with claim of right

It is lawful for a person in peaceable possession of any land or structure, with a claim of right, and for any person lawfully assisting him or acting by his authority, to use such force as he believes on reasonable grounds to be necessary to defend his possessions against any person whether entitled by law to the possession of the property or not, provided that such force is not intended and is not likely to cause death or grievous bodily harm.

43 Defence of movable property against trespassers

It is lawful for any person in peaceable possession of any movable property, and for any person lawfully assisting him or acting by his authority, to use such force as he believes on reasonable grounds to be necessary to resist the taking of such property by a trespasser, or to retake it from a trespasser; provided that such force is not intended and is not likely to cause death or grievous bodily harm to the trespasser.

44 Defence of movable property with claim of right

It is lawful for a person in peaceable possession of any movable property under a claim of right, and for any person lawfully assisting him or acting by his authority, to use such force as is necessary to defend his possession of the property against any person whether entitled by law to possession thereof or not; provided that such force is not intended and is not likely to cause death or grievous bodily harm.

45 Retaking movable property under claim of right from person without claim of right

It is lawful for a person entitled by law to the possession of movable property to take it from a person who is in possession of the property, but who neither claims right to it nor acts by the authority of a person so claiming, and if the person in possession resists him, to use such force as is necessary to obtain possession of the property; provided that such force is not intended and is not likely to cause death or grievous bodily harm.

46 Self-defence and defence of another person

*[Section 46 Substituted by No. 26 of 1987, s. 4 ]*A person is justified in using, in the defence of himself or another person, such force as, in the circumstances as he believes them to be, it is reasonable to use.

47.

[Section 47 Repealed by No. 26 of 1987, s. 5 ]

48.

[Section 48 Repealed by No. 26 of 1987, s. 6 ]

49.

[Section 49 Repealed by No. 26 of 1987, s. 7 ]

50 Domestic discipline

[Section 50 Amended by No. 55 of 1999, s. 4, Applied:03 Nov 1999] It is lawful for a parent or a person in the place of a parent to use, by way of correction, any force towards a child in his or her care that is reasonable in the circumstances.

51 Surgical operations

(1)  It is lawful for a person to perform in good faith and with reasonable care and skill a surgical operation upon another person, with his consent and for his benefit, if the performance of such operation is reasonable, having regard to all the circumstances.

(1A)  [Section 51 Amended by No. 72 of 2013, s. 14, Applied:12 Feb 2014] Subject to section 149 , and despite subsection (1) , a termination can be lawfully performed on a woman by a medical practitioner if it is performed in good faith, with reasonable care and skill and with the woman's consent.

(1B)  [Section 51 Amended by No. 72 of 2013, s. 14, Applied:12 Feb 2014] For the purposes of subsection (1A) , woman means a female person of any age.

(2)  In the case of a child too young to exercise a reasonable discretion in such a matter, such consent as aforesaid may be given by his parent or by any person having the care of such child.

(3)  [Section 51 Amended by No. 72 of 2013, s. 14, Applied:12 Feb 2014] If a person is in such a condition as to be incapable of giving consent under subsection (1) or (1A) , the operation may be performed without such consent if the operation is –

(a) performed in good faith and with reasonable care and skill; and

(b) for the person's benefit; and

(c) reasonable, having regard to all the circumstances.

52 Excessive force

A person authorized by law to use force is criminally responsible for any excess, according to the nature and quality of the act which constitutes such excess.

53 Consent to injuries

No person has a right to consent to the infliction –

(a) of death upon himself;

(b) except as provided in section 51 , of an injury likely to cause death; or

(c) of a maim for any purpose injurious to the public –

and any consent given in contravention hereof shall have no effect as regards criminal responsibility.

54.

[Section 54 Amended by No. 52 of 1981, s. 7 ] [Section 54 Amended by No. 21 of 2022, s. 20, Applied:22 Dec 2022]

55 Liability of married persons generally

Except as hereinbefore expressly provided, a married person incurs the same criminal responsibility in respect of his or her acts and omissions as if such person were unmarried.

Part II Crimes Against Public Order

Chapter V Treason and Other Crimes Against the Sovereign's Person and Authority

56 Treason

*[Section 56 Amended by No. 77 of 1968, s. 3 ]**[Section 56 Amended by No. 96 of 1994, s. 3 ]*Any person who –

(a) kills the King, or does him any bodily harm tending to his death, or maim or wounding, or imprisonment or restraint;

(b) [Section 56 Amended by No. 33 of 2013, s. 6, Applied:26 Mar 2015] kills the eldest child and heir apparent for the time being, or the Queen Consort, of the King;

(c) forms an intention to do any such act as aforesaid, and manifests such intention by any overt act;

(d) conspires with any other person to kill the King, or to do him any bodily harm tending to his death, or maim or wounding, or imprisonment or restraint;

(e) levies war against the King –

(i) with intent to depose him from the style, honour, and royal name of the Imperial Crown of the United Kingdom of Great Britain and Ireland, or of any other of His Majesty's dominions;

(ii) in order by force or constraint to compel the King to change his measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe, any House of Parliament of any of His Majesty's dominions;

(f) conspires with any other person to levy war against the King with any such intent or purpose as last aforesaid;

(g) instigates any foreigner to make an armed invasion of any part of His Majesty's dominions;

(h) assists by any means whatever any public enemy at war with the King;

(i) [Section 56 Amended by No. 17 of 1996, Applied:20 May 1998] [Section 56 Amended by No. 33 of 2013, s. 6, Applied:26 Mar 2015] violates, whether with her consent or not, a Queen consort, or the wife of the eldest son if the heir apparent for the time being of the King; or

(j) does any act which by the law of England constitutes treason –

is guilty of a crime, which is called treason, and is liable to imprisonment for the term of the person's natural life or for such other term as the Court determines.

Charge:  Treason.

57 Accessories after fact guilty of treason

Every person who is an accessory after the fact to treason shall be guilty of treason; but no such person shall be tried for knowingly comforting or receiving a traitor till such traitor has been convicted.

58 Concealment of treason

Any person who, knowing that any person has committed, or having reasonable grounds for believing that any person intends to commit, treason, does not give information thereof with all reasonable despatch to a justice, is guilty of a crime.

Charge:  Failing to give information of treason.

59 Treasonable crimes

Any person who forms an intention to effect any of the following purposes:

(a) to depose the King from the style, honour, and royal name of the Imperial Crown of the United Kingdom of Great Britain and Ireland, or of any other of His Majesty's dominions;

(b) to levy war against the King within any part of his dominions in order by force or constraint to compel the King to change his measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe, any House of Parliament of any of His Majesty's dominions; or

(c) to instigate any foreigner to make an armed invasion of any of His Majesty's dominions –

and manifests such intention by any overt act, is guilty of a crime.

Charge:  Manifesting a treasonable intention.

60 Evidence of treason: Limitation of time in treason charges

(1)  No one shall be convicted of treason (unless he pleads guilty) except upon the evidence of 2 witnesses to one overt act of the kind of treason with which he is charged, or upon the evidence of one witness to one such act and one other witness to another such act.

(2)  No one shall be liable to be indicted or tried for treason unless the indictment is filed within 3 years next after the crime was committed.

(3)  The provisions of this section shall apply only to treason other than by killing His Majesty, or cases where the overt act alleged is any attempt to injure his person in any manner whatever, every of which crimes may be proved by the like evidence as any other crime.

61 Overt acts

For the purposes of this chapter –

(a) every act of conspiring with any person to effect any intention mentioned in this chapter;

(b) every act done in furtherance of such purpose by any of the persons so conspiring;

(c) the writing of any words expressive of such intention; and

(d) the speaking of any such words if accompanied by or explanatory of any act in furtherance of such intention –

shall be deemed to be an overt act manifesting such intention.

62 Inciting traitorous conduct

Any person who advisedly attempts to effect any of the following purposes:

(a) to seduce any person serving in His Majesty's forces by sea or land from his duty and allegiance to His Majesty;

(b) to incite any such person to commit an act of mutiny or any traitorous or mutinous act; or

(c) to incite any such person to make or endeavour to make a mutinous assembly, or to commit any traitorous or mutinous practice whatever –

is guilty of a crime.

Charge:  Inciting mutiny.

Chapter VI Sedition: Libels on Foreign Powers

63 Unlawful oaths to commit crimes, &c.

Any person who –

(a) administers, or is present at and consents to the administering of, any oath or engagement in the nature of an oath, purporting to bind the person who takes it –

(i) to commit any crime;

(ii) to be of any association, society, or confederacy formed for the purpose of committing any crime;

(iii) to obey the orders or commands of any committee or body of men not lawfully constituted, or of any leader or commander or other person not having authority by law to give such orders or commands;

(iv) not to inform or give evidence against any associate, confederate, or other person; or

(v) not to reveal or discover any unlawful association, society, or confederacy, or any illegal act done or to be done, or any illegal oath or engagement that may have been administered or tendered to, or taken by, himself or any other person, or the import of any such oath or engagement; or

(b) takes any such oath or engagement, not being compelled to do so –

is guilty of a crime.

Charge:  Administering [or taking] [or being concerned in] an unlawful oath.

64 Compulsion: How far a defence

Compulsion shall not be a defence to the taking of any such oath or engagement as aforesaid, unless the accused, within 14 days after taking it, or, if he is prevented by actual force or sickness, within 14 days after the termination of such prevention, declares by information on oath before a justice, or, if he is on actual service in His Majesty's forces by sea or land, either by such information or by information to his commanding officer, the whole of what he knows concerning the matter, including the person or persons by whom and in whose presence, and the place where, and the time when, the oath or engagement was administered or taken.

65 Unlawful drilling

(1)  Any person who –

(a) without lawful authority trains or drills any other person to the use of arms or the practice of military exercises, movements, or evolutions;

(b) is present at any meeting or assembly of persons held without lawful authority for the purpose of so training or drilling any other person;

(c) at any such meeting or assembly as aforesaid is trained or drilled to the use of arms or the practice of military exercises, movements, or evolutions; or

(d) is present at any such meeting or assembly for the purpose of being so trained or drilled –

is guilty of a crime.

Charge:  Unlawful drilling.

(2)  A prosecution for any of the crimes mentioned in this section shall be commenced within 6 months after the crime is committed.

66 Definition of seditious intention

(1)  An intention to effect any of the following purposes:

(a) to bring the Sovereign into hatred or contempt;

(b) to excite disaffection against the Sovereign or the Constitution or Government of the United Kingdom, or of the Commonwealth, or of this State, as by law established; or against either House of Parliament of the United Kingdom, the Commonwealth, or this State, or against the administration of justice in the United Kingdom, the Commonwealth, or this State;

(c) to excite His Majesty's subjects to attempt to procure otherwise than by lawful means the alteration of any matter affecting any such Constitution or Government as aforesaid;

(d) to raise discontent or disaffection amongst His Majesty's subjects;

(e) to promote feelings of ill-will and enmity between different classes of His Majesty's subjects –

is a seditious intention.

(2)  An intention –

(a) to endeavour in good faith to show that the Sovereign has been mistaken in any of his Counsels;

(b) to point out in good faith errors or defects in the Government or Constitution of the United Kingdom, the Commonwealth, or this State as by law established, or in the legislation or administration of justice in the United Kingdom, the Commonwealth, or this State, with a view to the reformation of such errors or defects;

(c) to excite in good faith His Majesty's subjects to attempt to procure by lawful means the alteration of any such Constitution or Government or of any matter affecting the same; or

(d) to point out in good faith, in order to their removal, any matters which are producing, or have a tendency to produce, feelings of ill-will and enmity between different classes of His Majesty's subjects –

is not a seditious intention within the meaning of this section.

67 Sedition: Limitation of time in charges

(1)  Any person who –

(a) conspires with any person to carry into execution a seditious intention; or

(b) knowingly publishes any words or writing expressive of a seditious intention –

is guilty of a crime.

Charge:  Sedition.

(2)  A prosecution for any of the crimes mentioned in this section shall be commenced within 6 months after the crime is committed.

(3)  No person shall be convicted of any crime under this section upon the testimony of one witness, unless the same is corroborated in some material particular by other evidence implicating the accused person.

68 Libels on foreign powers

(1)  Any person who, without lawful justification, publishes any writing tending to degrade, revile, or expose to hatred or contempt the people or government of any foreign State, or any officer or representative thereof in high authority, is guilty of a crime.

Charge:  Libel on people [or Government] [or representative] of a foreign State.

(2)  A fair comment on a matter of public interest shall not amount to a crime under this section.

Chapter VII Crimes Against the Executive and Legislative Power

69 Interference with Governor or Ministers

Any person who does any act intended to interfere with the free exercise by the Governor, or by any member of the Executive Council, or by a Minister of the Crown, of any of the duties or authorities of his office is guilty of a crime.

Charge:  Interfering with an executive officer.

70 Interference with Parliament: Unlawfully influencing Members

(1)  Any person who, by force or fraud, or by threats or intimidation of any kind, interferes with the free exercise by either House of Parliament of its authority, or with the free exercise by any Member of either House of his duty or authority as such Member, is guilty of a crime.

Charge:  Interfering with Parliament.

(2)  Any person who, directly or indirectly, by fraud, or by threats or intimidation of any kind, influences a Member of either House of Parliament in the exercise of his duty or authority as such Member, or induces him to absent himself from the House or from any Parliamentary committee, is guilty of a crime.

Charge:  Unlawfully influencing a Member of Parliament.

71 Member of Parliament receiving bribes

Any person who, being a Member of either House of Parliament, solicits, receives, or obtains, or agrees to receive or obtain, any property or benefit of any kind for himself or any other person, upon any understanding that the exercise by him of his duty or authority as such Member shall be in any manner influenced or affected, is guilty of a crime.

Charge:  Receiving [or soliciting] a bribe as a Member of Parliament.

72 Bribery of Member of Parliament

Any person who, in order to influence a Member of either House of Parliament in his exercise of his duty or authority as such Member, or in order to induce him to absent himself from, the House or from any Parliamentary committee, gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for such Member, or any other person, is guilty of a crime.

Charge:  Bribing [or offering to bribe] a Member of Parliament.

Chapter VIII Unlawful Assemblies: Breaches of the Peace

73 Unlawful assembly: Lawful assembly becoming unlawful: Riot

(1)  An assembly of 3 or more persons –

(a) with an intent to effect any common purpose, lawful or unlawful, in such a manner that firm and courageous persons in the neighbourhood of such assembly have reasonable grounds for alarm;

(b) with an intent to assist each other in resisting any person opposing the execution of the common purpose; and

(c) who manifest such intentions as aforesaid in such a manner as to give firm and courageous persons in the neighbourhood of such assembly reasonable grounds to apprehend a breach of the peace –

is an unlawful assembly.

(2)  Persons lawfully assembled may become an unlawful assembly if they form and manifest such intentions as aforesaid in manner aforesaid.

(3)  An unlawful assembly which has begun to put into execution the common purpose is a riot.

74 Taking part in unlawful assembly

Any person who takes part in an unlawful assembly is guilty of a crime.

Charge:  Taking part in an unlawful assembly.

75 Rioting

Any person who takes part in a riot is guilty of a crime.

Charge:  Rioting.

76 Proclamation upon a riot

(1)  Whenever any persons, to the number of 12 or more, are riotously assembled, it is the duty of every sheriff and justice who has notice thereof to go amongst them, or as near as he can safely come to them, and to command or cause to be commanded with a loud voice that silence be kept while the proclamation next hereinafter mentioned is made, and then openly and with a loud voice to make proclamation, or cause proclamation to be made, in these words, or to the like effect;

"Our Sovereign Lord the King charges and commands all you persons here assembled immediately to disperse yourselves and peaceably to depart to your habitations or to your lawful business, failing which you will be guilty of a crime, and will be liable to be imprisoned. God Save the King!"

(2)  The performance of such duty as aforesaid by any one of the persons above mentioned shall absolve the others of them from responsibility therefor.

77 Opposing riot proclamation: Disobeying riot proclamation: Limitation of time for prosecution

(1)  Any person who wilfully, and by force, obstructs or hurts any person who goes to make, or begins to make, any such proclamation, is guilty of a crime.

Charge:  Opposing the making of a riot proclamation.

(2)  All persons who –

(a) being riotously assembled, continue together to the number of 12 or more, and do not disperse themselves within the space of one hour after the making of the proclamation; or

(b) being so assembled, in any case where the making of such proclamation has been prevented, and who, knowing of such prevention, continue together to the number of 12 or more, and do not disperse themselves within the space of one hour after the time of such prevention –

are guilty of a crime.

Charge:  

(a) Disobeying a riot proclamation.

(b) Knowing that the making of a riot proclamation has been prevented, failing to disperse.

(3)  No person shall be prosecuted under the provisions of this section unless such prosecution is commenced within 12 months after the crime is committed.

78 Being armed in public

Any person who goes armed in public without lawful occasion in such a manner as to alarm the public is guilty of a crime.

Charge:  Being unlawfully armed in public.

79 Forcible entry and detainer

(1)  Any person who without lawful authority enters in a violent manner, whether by actual force or by such a show of force as to deter opposition, any lands or tenements in the peaceable possession of another, for the purpose of taking possession thereof, whether or not he has a right of entry thereto, is guilty of a crime.

Charge:  Forcible entry.

(2)  Any person who having wrongfully entered any lands or tenements detains the same in manner aforesaid is guilty of a crime.

Charge:  Forcible detainer.

80 Affray

(1)  An affray is the fighting of 2 or more persons in any public place to the terror of His Majesty's subjects.

(2)  Every person who takes part in an affray is guilty of a crime.

Charge:  Taking part in an affray.

81 Duelling

(1)  Any person who takes part in a duel is guilty of a crime.

Charge:  Duelling.

(2)  Any person who challenges another to fight a duel, or provokes another to fight or to challenge another to fight a duel, is guilty of a crime.

Charge:  Inciting to duelling.

82 Prize fights

(1)  Any person who fights in a prize fight, or subscribes to or promotes or encourages a prize fight, is guilty of a crime.

Charge:  Taking part [or being concerned] in a prize fight.

(2)  A boxing contest or exhibition which is held with the consent of the Commissioner of Police shall not be deemed to be a prize fight.

Chapter IX Corruption and Abuse of Office

83 Corruption of public officers

Any person who –

(a) being a public officer, corruptly solicits, receives, or obtains, or agrees to receive or obtain, any property or benefit of any kind for himself or any other person on account of anything done or omitted, or to be done or omitted, by him in or about the discharge of the duties of his office; or

(b) corruptly gives, confers, or procures, or promises or offers to give, confer, or procure, or attempt to procure, to, upon, or for any public officer, or any other person, any property or benefit of any kind on account of anything done or omitted, or to be done or omitted, by such officer in or about the discharge of the duties of his office –

is guilty of a crime.

Charge:  

(a) Official corruption.

(b) Bribery of a public officer.

84 Extortion by public officers: Oppression

(1)  Any public officer who, under colour of office and otherwise than in good faith, demands, takes, or accepts from any person for the performance of his duty as such officer, any reward beyond his proper pay and emoluments, is guilty of a crime.

Charge:  Extortion as a public officer.

(2)  Any public officer who, in the exercise or under colour of exercising his office, wilfully and unlawfully inflicts upon any person any bodily harm, imprisonment, or other injury is guilty of a crime.

Charge:  Oppression.

85 Public officers interested in contracts

(1)  Any public officer who knowingly holds, directly or indirectly, any personal interest in any contract made by or on behalf of the Government of this State concerning any public matter is guilty of a crime.

Charge:  Being interested in a contract as a public officer.

(2)  A person is not deemed to be interested in any such contract as aforesaid because he is a shareholder in a company of more than 20 members which is a party thereto, unless he is a director of such company.

86 Corruption of valuator

Any person appointed to act as a valuator or arbitrator to determine the value of any land, or of any injury done to any property who –

(a) having to his knowledge any substantial interest in such property acts as such valuator or arbitrator without disclosing the fact that he holds such interest to the person appointing him; or

(b) acts corruptly or dishonestly as such valuator or arbitrator –

is guilty of a crime.

Charge:  Dishonest dealing as a valuator [or as an arbitrator].

87 False statutory certificates

Where by any statute any person is authorized or required to certify to any fact, any such person who gives a certificate which to his knowledge is false in any material particular is guilty of a crime.

Charge:  Giving a false certificate.

88 Administering extra-judicial oaths

[Section 88 Amended by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002] Any person who knowingly and unlawfully administers any oath or takes any declaration or affirmation in contravention of the Evidence Act 2001 and the Oaths Act 2001 , is guilty of a crime.

Charge:  Unlawfully administering an oath [or taking a declaration or affirmation].

Part III Crimes Concerning the Administration of Law and Justice and Against Public Authority

Chapter X Crimes Relating to the Administration of Justice

89 Definition of judicial proceeding

In this chapter the term judicial proceeding means any proceeding before any court, tribunal, or person having by law power to hear, receive, and examine evidence on oath.

90 Judicial corruption

(1)  Any person who –

(a) being a judicial officer, corruptly solicits, receives, or obtains, or agrees to receive or obtain, any property or benefit of any kind for himself or any other person on account of anything done or omitted, or to be done or omitted, by him in his judicial capacity; or

(b) corruptly gives, confers, or procures, or promises or offers to give, confer, procure, or attempt to procure, to, upon, or for any judicial officer, or any other person, any property or benefit of any kind on account of anything done or omitted, or to be done or omitted, by such judicial officer –

is guilty of a crime.

Charge:  Judicial corruption.

(2)  No person shall be prosecuted under subsection (1) (a) , without the consent in writing of the Attorney-General.

91 Official corruption, not judicial but relating to offences

Any person who –

(a) being a public officer employed in an administrative capacity for the detection, prosecution, detention, or punishment of offenders, corruptly solicits, receives, or obtains, or agrees to receive or obtain, any property or benefit of any kind for himself or any other person, on account of anything done or omitted, or to be done or omitted, by him, contrary to his duty as such officer; or

(b) corruptly gives, confers, or procures, or promises or offers to give, confer, procure, or attempt to procure, to, upon, or for any such officer as aforesaid, or any other person, any property or benefit of any kind on account of anything done or omitted, or to be done or omitted, by such officer as aforesaid –

is guilty of a crime.

Charge:  

(a) Corruption as an officer of justice.

(b) Bribing [or offering a bribe to] an officer of justice.

92.

[Section 92 Amended by 25 Geo. V No. 78 ] [Section 92 Amended by No. 23 of 2013, s. 4, Applied:01 Sep 2013]

93.

[Section 93 Amended by No. 48 of 2003, Sched. 9, Applied:01 Jan 2006]

94 Perjury

[Section 94 Amended by 15 Geo. V No. 34, s. 2 ]

(1)  Any person lawfully sworn as a witness, or as an interpreter, in a judicial proceeding, who wilfully makes a statement which he knows to be false or does not believe to be true, is guilty of a crime.

Charge:  Perjury.

(2)  For the purposes of this section a statement is deemed to be made in a judicial proceeding if it is made on oath for the purposes of any such proceeding, whether before or after the same is commenced, before a person authorized by law to administer such oath and to record or authenticate such statement.

(3)  A statement made by a person lawfully sworn in this State for the purposes of a judicial proceeding –

(a) in any other part of His Majesty's dominions;

(b) in any lawfully constituted British tribunal in any place by sea or land outside His Majesty's dominions; or

(c) in a tribunal of any foreign State –

shall be deemed to be made in a judicial proceeding in this State.

(4)  .  .  .  .  .  .  .  .  

(5)  It is immaterial whether the court or tribunal in which a judicial proceeding was pending was properly constituted, or was held in the proper place, or not, if it acted as a court or tribunal in the proceeding in which the statement was made.

(6)  It is immaterial whether the person who made the statement was a competent witness or not, or whether the statement was admissible as evidence in the proceeding or not.

95 False swearing, &c.

*[Section 95 Amended by 15 Geo. V No. 34, s. 2 ]*Any person who –

(a) being required or authorized by law to make any statement on oath for any purpose, and being lawfully sworn, wilfully makes a statement which he knows to be false, or does not believe to be true; or

(b) wilfully uses any false affidavit or statutory declaration for any purpose for which the use of an affidavit or statutory declaration is authorized by any statute –

is guilty of a crime.

Charge:  

(a) False swearing.

(b) Using false affidavit [or declaration].

96 Evidence on charge of perjury, &c.

No person shall be convicted of any crime under the provisions of section 94 or section 95 solely upon the evidence of one witness as to the falsity of any statement alleged to be false.

97 Fabricating evidence

Any person who, with intent to mislead a judicial tribunal –

(a) fabricates evidence in any manner whatever; or

(b) knowingly makes use of fabricated evidence –

is guilty of a crime.

Charge:  

(a) Fabricating evidence.

(b) Using fabricated evidence.

98 Corruption of witnesses

Any person who –

(a) solicits, receives, or obtains, or agrees to receive or obtain, any property or benefit of any kind for himself or any other person, in consideration for any agreement or understanding that any person shall as a witness in any judicial proceeding give false evidence; or

(b) gives, confers, or procures, or offers to give, confer, procure, or attempt to procure, any property or benefit of any kind to, upon, or for any person, as a consideration for any agreement or understanding that any person called or to be called as a witness in any judicial proceeding shall give false evidence –

is guilty of a crime.

Charge:  

(a) Corruption with regard to a witness.

(b) Corrupting a witness.

99 Suppressing evidence

Any person who, with intent to mislead any tribunal in any judicial proceeding, or to pervert or defeat the course of justice, wilfully destroys, alters, or conceals any evidence, or anything likely to be required as evidence in any judicial proceeding, is guilty of a crime.

Charge:  Suppressing evidence.

100 Interfering with witnesses

[Section 100 Amended by No. 63 of 2001, s. 4, Applied:19 Sep 2001] Any person who –

(a) with intent to pervert or obstruct the due course of justice, wilfully prevents, obstructs or dissuades another person from attending as a witness at a judicial proceeding, or from giving any evidence or producing anything to be used as evidence at a judicial proceeding; or

(b) uses, causes, inflicts, procures or threatens any violence, punishment, damage, loss or disadvantage to another person for or on account of –

(i) that other person having given evidence at a judicial proceeding or produced or surrendered any document or thing at a judicial proceeding; or

(ii) any evidence given by that other person at a judicial proceeding or any document or thing produced or surrendered by that other person at a judicial proceeding –

is guilty of a crime.

Charge:  Interfering with a witness.

101 Falsifying evidence as a shorthand writer

[Section 101 Amended by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002] Any shorthand writer who –

(a) wilfully falsifies or incorrectly records any evidence, ruling, direction, or summing up which it is his duty to take down or record;

(b) permits any person to falsify any such thing or any transcript thereof; or

(c) wilfully certifies as correct any note or transcript of any such thing which is false in any material particular –

is guilty of a crime.

Charge:  Falsifying evidence as a shorthand writer.

102 Compounding crimes

(1)  Any person who solicits, receives, or obtains, or agrees to receive or obtain, any property or benefit of any kind for himself or any other person, as a consideration for any agreement or understanding that he will compound or conceal a crime, or will abstain from, discontinue, or delay a prosecution for a crime, is guilty of a crime.

Charge:  Compounding a crime.

(2)  This section shall not apply to any case of common assault or defamation of a private person, or to any case where the court in which any proceedings have been taken in respect of the crime compounded shall have sanctioned any such agreement as aforesaid.

103 Compounding penal actions

Any person who, having brought, or under pretence of bringing, an action against another person upon a penal statute for the recovery of a penalty, compounds the action without the order or consent of the court in which the action is brought, is guilty of a crime.

Charge:  Compounding a penal action.

104 Bringing fictitious action on penal statute

Any person who, in the name of a fictitious plaintiff, or in the name of a real person but without his authority, brings an action against another person upon a penal statute for the recovery of a penalty, is guilty of a crime.

Charge:  Bringing a fictitious action on a penal statute.

105 Perverting justice

Any person who does any act or makes any omission with intent in any way whatever to obstruct, prevent, pervert, or defeat the due course of justice or the administration of the law, is guilty of a crime.

Charge:  Perverting justice.

105A Failing to report the abuse of a child

[Section 105A Amended by No. 29 of 2019, s. 7, Applied:02 Oct 2019]

(1)  In this section –

abuse offence means the following:

(a) an offence against section 124 , 125 , 125A , 125B , 125C , 125D , 126 , 127 , 129 , 130 , 130A , 133 , 157 , 158 , 159 , 165A , 166 , 170 , 172 , 175 , 176 , 177 , 178 , 178A or 178B ;

(b) an offence under chapter XIX or XX ;

(c) an offence of attempting to commit an offence referred to in paragraph (a) or (b) ;

(d) an offence under a previous enactment that is substantially similar to an offence referred to in paragraph (a) , (b) or (c) ;

child means a person under the age of 18 years;

proper authority has the same meaning as in section 162A ;

religious confession has the same meaning as in section 127 of the Evidence Act 2001 .

(2)  A person is guilty of a crime if the person –

(a) has information that leads the person to form a reasonable belief that an abuse offence has been committed against another person who was a child at the time of the alleged offence; and

(b) fails without reasonable excuse to disclose that information to a police officer as soon as practicable.

Charge:  Failing to report the abuse of a child.

(3)  A person is not guilty of an offence under subsection (2) if –

(a) the information was obtained by that person when he or she was a child; or

(b) the alleged victim of the offence to which the information relates had attained the age of 18 years at the time the information was obtained by the person and the person believes on reasonable grounds that the alleged victim does not wish the information to be reported to a police officer.

(4)  Without limiting the matters that may constitute a reasonable excuse for the purposes of subsection (2) , a person has a reasonable excuse for failing to comply with that subsection if –

(a) the person fears on reasonable grounds that disclosing the information would endanger the safety of any person (other than the person reasonably believed to have committed, or to have been involved in, the child abuse offence); or

(b) subject to subsection (5) , reporting the information would disclose information in respect of which there is a lawful claim or right of privilege; or

(c) the person believes on reasonable grounds that –

(i) another person has already reported the information to a proper authority; or

(ii) a proper authority already has the information; or

(d) the information is generally available to members of the public.

(5)  Despite section 127 of the Evidence Act 2001 , a member of the clergy of any church or religious denomination is not entitled to refuse to disclose information under subsection (2) on the grounds that the information was communicated to that member of the clergy during a religious confession.

(6)  A prosecution for an offence against subsection (2) is not to be commenced without the written authority of the Director of Public Prosecutions.

Chapter XI Escape

[Chapter XI of Part III Substituted by No. 77 of 1983, s. 3 ]

106 Interpretation

[Section 106 Substituted by No. 77 of 1983, s. 3 ][Section 106 Amended by No. 35 of 2002, s. 4, Applied:14 Nov 2002] In this Chapter, lawful custody includes custody or detention pursuant to any of the following:

(a) lawful arrest;

(b) a person surrendering to his bail;

(c) an order for remand, a conviction, or a sentence of imprisonment;

(d) [Section 106 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 106 Amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] [Section 106 Amended by No. 35 of 2002, s. 4, Applied:14 Nov 2002] [Section 106 Amended by No. 72 of 2005, s. 88, Applied:20 Feb 2006] [Section 106 Amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] a restriction order made under the Criminal Justice (Mental Impairment) Act 1999 or any other order under that Act that commits a person to detention in a secure mental health unit, within the meaning of the Mental Health Act 2013 ;

(da) [Section 106 Amended by No. 35 of 2002, s. 4, Applied:14 Nov 2002] [Section 106 Amended by No. 72 of 2005, s. 88, Applied:20 Feb 2006] [Section 106 Amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] a treatment order made under the Criminal Justice (Mental Impairment) Act 1999 ;

(db) [Section 106 Amended by No. 72 of 2005, s. 88, Applied:20 Feb 2006] apprehension of a person under section 31 of the Criminal Justice (Mental Impairment) Act 1999 ;

(e) [Section 106 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 106 Amended by No. 35 of 2002, s. 4, Applied:14 Nov 2002] a declaration made under section 19 of the Sentencing Act 1997 ;

(f) [Section 106 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 106 Amended by No. 35 of 2002, s. 4, Applied:14 Nov 2002] an assessment order made under section 72 of the Sentencing Act 1997 ;

(g) [Section 106 Amended by No. 35 of 2002, s. 4, Applied:14 Nov 2002] [Section 106 Amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] a treatment order made under section 75(1) of the Sentencing Act 1997 ;

(h) [Section 106 Amended by No. 35 of 2002, s. 4, Applied:14 Nov 2002] [Section 106 Amended by No. 72 of 2005, s. 88, Applied:20 Feb 2006] [Section 106 Amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] a restriction order made under section 75(1) of the Sentencing Act 1997 or any other order under that Act that commits a person to detention in a secure mental health unit, within the meaning of the Mental Health Act 2013 .

107 Escape

*[Section 107 Substituted by No. 77 of 1983, s. 3 ]*A person who escapes from lawful custody is guilty of a crime.

Charge:  Escape from lawful custody.

108 Aiding escape: harbouring of persons unlawfully at large

[Section 108 Substituted by No. 77 of 1983, s. 3 ]

(1)  A person who –

(a) conveys anything, or causes anything to be conveyed –

(i) into a place where a person is in lawful custody; or

(ii) to a person who is in lawful custody at any place –

with intent to aid the escape of that person;

(b) intentionally or recklessly aids or allows a person to escape from lawful custody; or

(c) harbours, maintains, or employs a person who, having escaped from lawful custody, is unlawfully at large –

is guilty of a crime.

Charge:  

(a) Aiding escape from lawful custody.

(b) Aiding escape from lawful custody.

(c) Harbouring.

(2)  In any proceedings in respect of a charge under subsection (1) , it shall be presumed, until the contrary is proved, that the custody of the person charged was lawful.

(3)  It is a defence to a charge of harbouring to prove that the person charged did not know that the person harboured, maintained, or employed had escaped from lawful custody and was unlawfully at large.

109.

[Section 109 Repealed by No. 77 of 1983, s. 3 ]

Chapter XII Miscellaneous Crimes Against Public Authority

110 Disclosure of official secrets

Any public officer who discloses (except to some person to whom he is authorized to publish or communicate the same) any fact which comes to his knowledge, or the contents of any document which comes to his possession, by virtue of his office and which it is his duty to keep secret, is guilty of a crime.

Charge:  Disclosing official secrets.

111 Bargaining for public offices

Any person who –

(a) corruptly solicits, receives, or obtains, or agrees to receive or obtain, any property or benefit of any kind for himself or any other person on account of anything done or omitted, or to be done or omitted, by him or any other person with regard to the appointment of any person to any public office, or the employment of any person as a public officer, or with regard to any application by any person for appointment or employment as aforesaid; or

(b) corruptly gives, confers, or procures, or promises or offers to give, confer, procure, or attempt to procure, to, upon, or for any person any property or benefit of any kind on account of anything done or omitted, or to be done or omitted, as aforesaid –

is guilty of a crime.

Charge:  Bargaining for a public office.

112.

[Section 112 Repealed by No. 9 of 1989, s. 4 ]

113 False statutory declarations and other false statements

[Section 113 Amended by 25 Geo. V No. 78 ]

(1)  Any person who wilfully makes a statement false in a material particular, if the statement is made –

(a) in a statutory declaration;

(b) in an abstract, account, balance-sheet, book, certificate, declaration, entry, estimate, inventory, notice, report, return, or other document which he is authorized or required to make, attest, or verify by any public general Act; or

(c) in any oral declaration or oral answer which he is required to make by, under, or in pursuance of any public general Act –

shall be guilty of a crime.

Charge:  Making a false declaration [or statement].

(2)  No person shall be convicted under the provisions of this section solely upon the evidence of one witness as to the falsity of any statement alleged to be false.

114 Resisting public officers: Resisting lawful apprehension

(1)  Any person who assaults, resists, or wilfully obstructs any police officer in the due execution of his duty, or any other person lawfully assisting him therein, is guilty of a crime.

Charge:  Assaulting [or obstructing] a police officer.

(2)  Any person who assaults, resists, or wilfully obstructs any person lawfully arresting or about to arrest any person is guilty of a crime.

Charge:  Resisting lawful apprehension.

115 Omission by public officer to perform duty

(1)  Any public officer who wilfully and without lawful excuse omits to do any act which it is his duty to do as such officer is guilty of a crime.

(2)  No person shall be prosecuted under this section without the consent in writing of the Attorney-General.

Charge:  Omitting to perform duty as a public officer.

116 Neglect to aid in suppressing riot

Any person who, having reasonable notice that he is required to assist any sheriff, justice, or police officer in suppressing a riot, omits without reasonable excuse so to do, is guilty of a crime.

Charge:  Neglecting to aid in suppressing a riot.

117 Neglect to aid in arresting offenders

Any person who, having reasonable notice that he is required to assist any sheriff, justice, or police officer in arresting any person, or in preserving the peace, omits, without reasonable excuse, so to do, is guilty of a crime.

Charge:  Neglecting to aid in the arrest of an offender [or preserving the peace].

118 Disobedience to lawful authority

(1)  Any person who, without lawful excuse, disobeys any order, warrant, or command duly made, issued, or given by any court, officer, or person acting in any public capacity and duly authorized in that behalf, is guilty of a crime.

Charge:  Disobedience to lawful authority.

(2)  Where by any statute any such disobedience as aforesaid is in any particular case expressly made punishable as in such statute provided, no proceedings in respect thereof shall be taken under this section.

Part IV Acts Injurious to the Public in General

Chapter XIII Crimes Relating to Religion

119.

[Section 119 Amended by No. 27 of 2024, s. 13, Applied:13 Dec 2024]

120 Interfering with an officiating minister

Any person who –

(a) by threats or force obstructs or prevents any minister of religion in or from lawfully officiating in any place of religious worship, or in or from performing his duty in the lawful burial of the dead in any cemetery or other burial place; or

(b) upon any civil process, or under the pretence of executing any civil process, arrests any minister of religion who is engaged in, or is, to the knowledge of the offender, about to engage in, any of the offices or duties aforesaid, or who is, to the knowledge of the offender, going to perform the same or returning from the performance thereof –

is guilty of a crime.

Charge:  Interfering with an officiating minister.

121 Disturbing religious worship

Any person who wilfully and without lawful justification or excuse disquiets or disturbs any meeting lawfully assembled for religious worship, or in any way disturbs, molests, or misuses any preacher, teacher, or person lawfully officiating at such meeting, is guilty of a crime.

Charge:  Disturbing religious worship.

Chapter XIV Sexual Crimes

[Chapter XIV of Part IV Amended by No. 8 of 2020, s. 5, Applied:06 Apr 2020]

122 Bestiality

[Section 122 Amended by No. 71 of 1987, s. 6 ][Section 122 Amended by No. 12 of 1997, s. 4, Applied:14 May 1997] [Section 122 Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017] [Section 122 Amended by No. 5 of 2023, s. 12, Applied:13 Jun 2023]

(1)  Any person who engages in an act of bestiality is guilty of a crime.

Charge:  Bestiality.

(2)  A person does not commit an offence against subsection (1) if the act that the person engaged in –

(a) occurred in the course of a procedure being carried out by the person for a genuine veterinary, agricultural or scientific research purpose; and

(b) was, in the circumstances, reasonable for that purpose.

123.

[Section 123 Amended by No. 12 of 1997, s. 5, Applied:14 May 1997]

124 Penetrative sexual abuse of child or young person

[Section 124 Substituted by No. 71 of 1987, s. 7 ]

(1)  Any person who has unlawful sexual intercourse with another person who is under the age of 17 years is guilty of a crime.

Charge:  [Section 124 Amended by No. 8 of 2020, s. 5, Applied:06 Apr 2020] Penetrative sexual abuse of a child [or young person].

(2)  [Section 124 Amended by No. 34 of 2013, s. 4, Applied:08 Oct 2013] .  .  .  .  .  .  .  .  

(3)  The consent of a person against whom a crime is alleged to have been committed under this section is a defence to such a charge only where, at the time the crime was alleged to have been committed –

(a) that person was of or above the age of 15 years and the accused person was not more than 5 years older than that person; or

(b) that person was of or above the age of 12 years and the accused person was not more than 3 years older than that person.

(4)  [Section 124 Amended by No. 12 of 1997, s. 6, Applied:14 May 1997] This section is to be taken to be in force from 4 April 1924.

(5)  [Section 124 Amended by No. 12 of 1997, s. 6, Applied:14 May 1997] [Section 124 Amended by No. 34 of 2013, s. 4, Applied:08 Oct 2013] .  .  .  .  .  .  .  .  

(6)  [Section 124 Amended by No. 12 of 1997, s. 6, Applied:14 May 1997] Nothing in subsection (4) impugns or otherwise affects the lawfulness of a conviction arising from conduct that occurred before the commencement of the Criminal Code Amendment (Sexual Offences) Act 1987 .

124A Penetrative sexual abuse of child or young person by person in position of authority

[Section 124A Amended by No. 2 of 2023, s. 13, Applied:20 Apr 2023]

(1)  In this section –

child means a person under the age of 18 years;

parent, of a child, includes –

(a) a step-parent, surrogate parent, adoptive parent, foster parent and guardian of the child; and

(b) any other person who has parental responsibility for the child;

person in a position of authority, in relation to a child, includes the following persons:

(a) a person who is a teacher, if the child is a pupil of the teacher or a pupil at the educational institution at which the teacher works;

(b) a parent of the child or a person who is in a significant relationship, within the meaning of the Relationships Act 2003 , with a parent of the child;

(c) a person who provides religious, sporting, musical or other instruction to the child;

(d) a person who is a religious official or spiritual leader (however described and including lay members and whether paid or unpaid) in a religious or spiritual group attended by the child;

(e) a health professional or social worker providing professional services to the child;

(f) a person who is responsible for the care of the child if that child has a cognitive impairment;

(g) a person employed or providing services in a prison, within the meaning of the Corrections Act 1997 , or a detention centre, within the meaning of the Youth Justice Act 1997 , or a person engaged in the administration of those Acts, acting in the course of the person's duties in relation to the child;

(h) a person employed or providing services in a child care service, within the meaning of the Children, Young Persons and Their Families Act 1997 , or a person engaged in the administration of that Act, acting in the course of the person's duties in relation to the child;

(i) a person who provides child care to, or a child care service in respect of, the child for fee or reward;

(j) an employer of the child or other person who has the authority to determine significant aspects of the child's terms and conditions of employment or to terminate the child's employment (whether the child is being paid in respect of that employment or is working in a voluntary capacity).

(2)  Any person who is 18 years of age or older is guilty of a crime if that person is in a position of authority in relation to a child and that person has sexual intercourse with that child.

Charge:  Penetrative sexual abuse of a child [or young person] by a person in a position of authority.

(3)  [Section 124A Amended by No. 17 of 2024, s. 18, Applied:01 Nov 2024] Consent to sexual intercourse is not a defence to a charge under this section other than in circumstances where the age difference between the accused and the complainant is not more than 2 years.

(4)  This section does not apply to sexual intercourse between persons who are married to each other.

124B Indecent act with or directed at child or young person by person in position of authority

[Section 124B Amended by No. 17 of 2024, s. 18, Applied:01 Nov 2024]

(1)  In this section –

child has the same meaning as in section 124A ;

person in a position of authority has the same meaning as in section 124A .

(2)  Any person who is 18 years of age or older is guilty of a crime if that person is in a position of authority in relation to a child and that person performs an indecent act with, or directed at, that child.

Charge:  Indecent act with or directed at a child [or young person] by a person in a position of authority.

(3)  Consent to an indecent act is not a defence to a charge under this section other than in circumstances where the age difference between the accused and the complainant is not more than 2 years.

124C Indecent assault of child or young person by person in position of authority

[Section 124C Amended by No. 17 of 2024, s. 18, Applied:01 Nov 2024]

(1)  In this section –

child has the same meaning as in section 124A ;

person in a position of authority has the same meaning as in section 124A .

(2)  Any person who is 18 years of age or older is guilty of a crime if that person is in a position of authority in relation to a child and that person unlawfully and indecently assaults that child.

Charge:  Indecent assault of child [or young person] by a person in a position of authority.

(3)  Consent to an indecent assault is not a defence to a charge under this section other than in circumstances where the age difference between the accused and the complainant is not more than 2 years.

125 Person permitting penetrative sexual abuse of child or young person on premises

*[Section 125 Substituted by No. 71 of 1987, s. 8 ]*Any person who –

(a) is the owner or occupier of any premises; or

(b) has, or acts or assists in, the management or control of any premises –

and who induces or knowingly permits any person under the age of 17 years to be in or upon the premises for the purposes of having unlawful sexual intercourse with another person is guilty of a crime.

Charge:  [Section 125 Amended by No. 8 of 2020, s. 5, Applied:06 Apr 2020] Permitting penetrative sexual abuse of a child [or young person] on premises.

125A Persistent sexual abuse of child or young person

[Section 125A Inserted by No. 72 of 1994, s. 4 ]

(1)  [Section 125A Amended by No. 17 of 2024, s. 18, Applied:01 Nov 2024] [Section 125A Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017] [Section 125A Amended by No. 6 of 2005, s. 34, Applied:06 May 2005] [Section 125A Amended by No. 83 of 2001, s. 4, Applied:17 Dec 2001] [Section 125A Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] In this section, unlawful sexual act means an act that constitutes an offence under section 124 , 124A , 124B , 124C , 125B , 126 , 127 , 133 or 185 whether committed before, on or after the commencement of this section.

(2)  [Section 125A Amended by No. 8 of 2020, s. 5, Applied:06 Apr 2020] [Section 125A Amended by No. 17 of 2024, s. 18, Applied:01 Nov 2024] A person is guilty of a crime if –

(a) the person commits the persistent sexual abuse of a young person; and

(b) at the time of the abuse, the young person is under the age of 17 and is not married to the accused.

Charge:  Persistent sexual abuse of a child [or young person].

(3)  [Section 125A Amended by No. 17 of 2024, s. 18, Applied:01 Nov 2024] An accused person is guilty of the persistent sexual abuse of a young person under subsection (2) if, during a particular period when the young person was under the age of 17 years –

(a) the accused committed an unlawful sexual act in relation to the young person on at least 3 occasions; and

(b) the young person was not married to the accused.

(4)  For the purposes of subsection (3)  –

(a) [Section 125A Amended by No. 17 of 2024, s. 18, Applied:01 Nov 2024] it is not necessary to prove the dates on which any of the persistent sexual abuse was committed or the exact circumstances in which any of the persistent sexual abuse was committed; and

(b) [Section 125A Amended by No. 26 of 2018, s. 4, Applied:10 Dec 2018] the unlawful sexual act that was committed on any one of the occasions need not have been the same as the unlawful sexual act that was committed on each or any of the other occasions; and

(c) [Section 125A Amended by No. 26 of 2018, s. 4, Applied:10 Dec 2018] on a trial before a jury for an offence against subsection (2) , it is not necessary for each member of the jury to be satisfied that the unlawful sexual acts were committed on the same 3 occasions.

(5)  [Section 125A Amended by No. 34 of 2013, s. 4, Applied:08 Oct 2013] .  .  .  .  .  .  .  .  

(6)  An indictment charging a person with having committed an offence under subsection (2)  –

(a) [Section 125A Amended by No. 17 of 2024, s. 18, Applied:01 Nov 2024] is to specify the particular period during which it is alleged that the persistent sexual abuse occurred; and

(b) is not to contain a separate charge that the accused committed an unlawful sexual act in relation to the young person during that period.

(6A)  [Section 125A Amended by No. 34 of 2013, s. 4, Applied:08 Oct 2013] A reference in this section to an unlawful sexual act that is committed by a person in relation to a young person includes a reference to conduct that was, in relation to the young person, committed by the person outside the State if –

(a) the conduct was unlawful in the State, territory or country in which it was committed and, if it had been committed in this State by the person in relation to the young person, would have been an unlawful sexual act; and

(b) at least one unlawful sexual act in relation to the young person was committed by the person in this State.

(6B)  [Section 125A Amended by No. 17 of 2024, s. 18, Applied:01 Nov 2024] [Section 125A Amended by No. 26 of 2018, s. 4, Applied:10 Dec 2018] A Court sentencing a person for an offence against subsection (2) is to make findings in relation to either the nature or the character, or both the nature and the character, of the persistent sexual abuse and, in doing so, the Court is not required to ask any questions of the jury for the purposes of making those findings.

(7)  A prosecution for an offence under this section is not to be commenced without the written authority of the Director of Public Prosecutions.

125B Indecent act with child or young person

[Section 125B Amended by No. 83 of 2001, s. 4, Applied:17 Dec 2001]

(1)  Any person who does any indecent act with, or directed at, another person who is under the age of 17 years is guilty of a crime.

Charge:  [Section 125B Amended by No. 8 of 2020, s. 5, Applied:06 Apr 2020] Indecent act with or directed at a child [or young person].

(2)  [Section 125B Amended by No. 34 of 2013, s. 4, Applied:08 Oct 2013] .  .  .  .  .  .  .  .  

(3)  The consent of a person against whom a crime is alleged to have been committed under this section is a defence to such a charge only where, at the time the crime was alleged to have been committed –

(a) that person was of or above the age of 15 years and the accused person was not more than 5 years older than that person; or

(b) that person was of or above the age of 12 years and the accused person was not more than 3 years older than that person.

125C Procuring child or young person for sexual abuse

[Section 125C Amended by No. 29 of 2005, s. 4, Applied:01 Aug 2005]

(1)  In this section –

young person means a person under the age of 17 years.

(2)  A person who procures –

(a) a young person to have unlawful sexual intercourse with another person, either in this State or elsewhere; or

(b) another person to have unlawful sexual intercourse with a young person, either in this State or elsewhere –

is guilty of a crime.

Charge:  [Section 125C Amended by No. 8 of 2020, s. 5, Applied:06 Apr 2020] Procuring a child [or young person] for penetrative sexual abuse.

(3)  A person who procures –

(a) a young person to commit an indecent act, either in this State or elsewhere; or

(b) another person to do an indecent act with, or directed at, a young person, either in this State or elsewhere –

is guilty of a crime.

Charge:  [Section 125C Amended by No. 8 of 2020, s. 5, Applied:06 Apr 2020] Procuring a child [or young person] for indecent act.

(4)  In any case in which it is provided that the consent of a person to the act charged is a defence to a charge under section 124 or 125B , the like consent to an act which is the subject of the alleged procurement given under the like conditions as to the age of the parties is a defence to a charge under this section.

(5)  [Section 125C Amended by No. 34 of 2013, s. 4, Applied:08 Oct 2013] .  .  .  .  .  .  .  .

125D Communications with intent to procure child or young person

[Section 125D Amended by No. 29 of 2005, s. 4, Applied:01 Aug 2005]

(1)  [Section 125D Amended by No. 29 of 2019, s. 7, Applied:02 Oct 2019] A person (the "accused person") who makes a communication by any means, and to any person, with the intention of procuring a person under the age of 17 years, or a person the accused person believes is under the age of 17 years, to engage in an unlawful sexual act, either in this State or elsewhere, is guilty of a crime.

Charge:  [Section 125D Amended by No. 8 of 2020, s. 5, Applied:06 Apr 2020] Grooming with intent to procure a child [or young person] for sexual abuse.

(2)  For the purposes of subsection (1)  –

[Section 125D Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017] unlawful sexual act means an act that would, if committed in relation to a person under the age of 17 years, constitute an offence under section 124 , 125B , 126 , 127 , 133 or 185 .

(3)  [Section 125D Amended by No. 29 of 2019, s. 7, Applied:02 Oct 2019] A person (the "accused person") who makes a communication by any means, and to any person, with the intention of exposing, without legitimate reason, a person under the age of 17 years, or a person the accused person believes is under the age of 17 years, to any indecent material, either in this State or elsewhere, is guilty of a crime.

Charge:  [Section 125D Amended by No. 8 of 2020, s. 5, Applied:06 Apr 2020] Grooming with intent to expose a child [or young person] to indecent material.

(4)  For the purposes of subsection (3)  –

indecent material means any indecent film, printed matter, electronic data and any other thing of any kind (including any computer image or depiction).

(5)  [Section 125D Amended by No. 34 of 2013, s. 4, Applied:08 Oct 2013] [Section 125D Amended by No. 34 of 2013, s. 4, Applied:08 Oct 2013] [Section 125D Amended by No. 29 of 2019, s. 7, Applied:02 Oct 2019] It is a defence to a charge under this section to prove that the person whom the accused person intended to procure to engage in an unlawful sexual act or to expose to indecent material –

(a) was of or above the age of 15 years and the accused person was not more than 5 years older than that person; or

(b) was of or above the age of 12 years and the accused person was not more than 3 years older than that person.

(6)  Subsections (1) and (3) apply notwithstanding that the person who received the communication, or to whom the communication was directed, was a person of or above the age of 17 years who was represented to the accused person as a person under the age of 17 years with a fictitious identity.

(7)  Evidence that the person who received the communication, or to whom the communication was directed, was represented to the accused person as being under the age of 17 years is, in the absence of evidence to the contrary, proof that the accused person believed the person was under that age.

125E Failure by a person in authority to protect a child from a sexual offence

[Section 125E Amended by No. 2 of 2023, s. 13, Applied:20 Apr 2023]

(1)  In this section –

child means a person who is under the age of 18 years;

organisation means a body of persons, whether incorporated or unincorporated;

person associated, in relation to a relevant organisation, includes but is not limited to a person who is an officer, employee, manager, owner, volunteer, contractor, or agent, of the organisation but does not include a person solely because the person receives services from the organisation;

relevant child means a child (whether identifiable or not) who is, or may come, under the care, supervision or authority of a relevant organisation;

relevant organisation means –

(a) an organisation that exercises care, supervision or authority over children, whether as its primary function or otherwise, and includes but is not limited to –

(i) a religious organisation; and

(ii) a school, within the meaning of the Education Act 2016 ; and

(iii) an education and care service within the meaning of the Education and Care Services National Law (Tasmania) ; and

(iv) a child care service licensed under the Child Care Act 2001 ; and

(v) a hospital; and

(vi) a council; and

(vii) a State Service Agency; and

(viii) a sporting group; and

(ix) a youth organisation; and

(x) a charity or benevolent organisation; and

(xi) an organisation providing out-of-home care and accommodation services; and

(xii) a community service organisation; and

(b) an organisation that, in accordance with an agreement or arrangement with an organisation referred to in paragraph (a) , is required or permitted to engage in activities associated with the care, supervision or authority over children exercised by the organisation referred to in paragraph (a) ;

religious confession has the same meaning as in section 127 of the Evidence Act 2001 ;

sexual offence means –

(a) an offence against section 8(2) or 9 of the Sex Industry Offences Act 2005 ; or

(b) an offence against section 73 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995 ; or

(c) [Section 125E Amended by No. 17 of 2024, s. 18, Applied:01 Nov 2024] a crime under section 124 , 124A , 124B , 124C , 125 , 125A , 125B , 125C , 125D , 126 , 127 , 129 , 130 , 133 , 178A or 185 ; or

(d) a crime under section 298 , 299 or 300 in relation to a crime specified in a section referred to in paragraph (c) .

(2)  A person (the accused person) is guilty of a crime if –

(a) the accused person occupies a position within, or in relation to, a relevant organisation; and

(b) the accused person has a reasonable belief that there is a substantial risk that a relevant child may become the victim of a sexual offence committed by another person (the perpetrator) who is –

(i) 18 years of age or more; and

(ii) a person associated with the relevant organisation; and

(c) the accused person, by reason of the person's position, has the power or responsibility to reduce or remove that risk; and

(d) the accused person fails to take all reasonable steps in the circumstances to reduce or remove that risk.

Charge:  Failing to protect a child.

(2A)  [Section 125E Amended by No. 17 of 2024, s. 18, Applied:01 Nov 2024] Subsection (2) does not apply if the accused person has not attained the age of 18 years.

(3)  For the avoidance of doubt, in a prosecution for an offence against subsection (2) , it is not necessary to prove that a sexual offence has been committed.

(4)  It is immaterial that some or all of the circumstances constituting an offence against subsection (2) occurred outside Tasmania, so long as the relevant child was in Tasmania at any time while the substantial risk referred to in subsection (2)(b) existed.

(5)  It is immaterial that both the accused person and the relevant child were outside Tasmania at the time at which some or all of the circumstances constituting an offence against subsection (2) occurred, so long as the sexual offence was at risk of occurring in Tasmania.

(6)  Despite section 127 of the Evidence Act 2001 , a member of the clergy of any church or religious denomination is not entitled to refuse to comply with subsection (2) on the grounds that that he or she gained the knowledge as a consequence of information communicated to that member of the clergy during a religious confession.

126 Penetrative sexual abuse of person with mental impairment

[Section 126 Substituted by No. 71 of 1987, s. 9 ][Section 126 Amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] [Section 126 Amended by No. 83 of 2001, s. 4, Applied:17 Dec 2001]

(1)  Any person responsible for the care of a person with a mental impairment who has sexual intercourse with that person is guilty of a crime.

Charge:  [Section 126 Amended by No. 8 of 2020, s. 5, Applied:06 Apr 2020] Penetrative sexual abuse of a person with a mental impairment.

(2)  It is a defence to a charge under this section to prove that –

(a) at the time of the act –

(i) the person with the mental impairment consented to the act; and

(ii) the giving of that consent was not unduly influenced by the fact that the person was responsible for the care of the person with the mental impairment; or

(b) [Section 126 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] at the time of the act, the person was married to, or was in a significant relationship, within the meaning of the Relationships Act 2003 , with, the person with the mental impairment.

(3)  For the purpose of this section, a person is responsible for the care of a person with a mental impairment if the person provides medical, nursing, therapeutic or educative services to the person with a mental impairment in connection with that mental impairment.

(4)  In this section –

[Section 126 Amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] mental illness has the same meaning as in the Mental Health Act 2013 ;

mental impairment means senility, intellectual disability, mental illness or brain damage.

127 Indecent assault

[Section 127 Amended by No. 71 of 1987, s. 10 ]**[Section 127 Amended by No. 6 of 1974, s. 4 ]

(1)  Any person who unlawfully and indecently assaults another person is guilty of a crime.

Charge:  Indecent assault.

(2)  In any case in which it is provided that the consent of a person to the act charged shall be a defence to a charge under section 124 , the like consent to an act charged under this section given under the like conditions as to the age of the parties shall be a defence to a charge under this section.

(3)  Except as hereinbefore provided, the consent of a person under 17 years of age shall be no defence to a charge under this section.

(4)  [Section 127 Amended by No. 12 of 1997, s. 7, Applied:14 May 1997] This section is to be taken to be in force from 4 April 1924.

(5)  [Section 127 Amended by No. 12 of 1997, s. 7, Applied:14 May 1997] Nothing in subsection (4) impugns or otherwise affects the lawfulness of a conviction arising from conduct that occurred before the commencement of the Criminal Code Amendment (Sexual Offences) Act 1987 .

127A.

[Section 127A Inserted by No. 71 of 1987, s. 11 ] [Section 127A Amended by No. 61 of 1994, s. 5 ] [Section 127A Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017]

128.

[Section 128 Amended by No. 6 of 1974, s. 5 ] [Section 128 Amended by No. 71 of 1987, s. 12 ] [Section 128 Amended by No. 42 of 2005, s. 24, Applied:01 Jan 2006]

129 Procuring a person for penetrative sexual abuse by threats or fraud

*[Section 129 Amended by No. 71 of 1987, s. 13 ]*Any person who –

(a) [Section 129 Amended by No. 29 of 2005, s. 4, Applied:01 Aug 2005] by threats or intimidation of any kind procures another person to have unlawful sexual intercourse, either in this State or elsewhere; or

(b) [Section 129 Amended by No. 29 of 2005, s. 4, Applied:01 Aug 2005] by any false pretence or false representation procures another person to have unlawful sexual intercourse, either in this State or elsewhere –

(c) [Section 129 Amended by No. 29 of 2005, s. 4, Applied:01 Aug 2005] .  .  .  .  .  .  .  .  

is guilty of a crime.

Charge:  [Section 129 Amended by No. 29 of 2005, s. 4, Applied:01 Aug 2005] [Section 129 Amended by No. 8 of 2020, s. 5, Applied:06 Apr 2020] Procuring a person for penetrative sexual abuse by threats [or fraud].

130 Involving person under 18 years in production of child exploitation material

*[Section 130 Repealed by No. 71 of 1987, s. 14 ]**[Section 130 Repealed by No. 71 of 1987, s. 14 ]*A person who –

(a) involves, or does anything to facilitate the involvement of, a person under the age of 18 years in the production of child exploitation material; and

(b) knows, or ought to have known, that the material is or will be child exploitation material –

is guilty of a crime.

Charge:  Involving a person under the age of 18 years in the production of child exploitation material.

130A Production of child exploitation material

[Section 130A Amended by No. 29 of 2005, s. 4, Applied:01 Aug 2005] A person who –

(a) produces, or does any thing to facilitate the production of, child exploitation material; and

(b) knows, or ought to have known, that the material is or will be child exploitation material –

is guilty of a crime.

Charge:  Producing child exploitation material.

130B Distribution of child exploitation material

[Section 130B Amended by No. 29 of 2005, s. 4, Applied:01 Aug 2005]

(1)  A person who –

(a) distributes, or does anything to facilitate the distribution of, child exploitation material; and

(b) knows, or ought to have known, that the material is child exploitation material –

is guilty of a crime.

Charge:  Distributing child exploitation material.

(2)  For the purposes of subsection (1)  –

distribute, in relation to child exploitation material, includes –

(a) send, sell, deal, supply, exhibit, transmit or communicate that material to another person, or enter into an agreement or arrangement to do so; and

(b) make that material available for access by another person, or enter into an agreement or arrangement to do so.

130C Possession of child exploitation material

[Section 130C Amended by No. 29 of 2005, s. 4, Applied:01 Aug 2005] A person who –

(a) is in possession of child exploitation material; and

(b) knows, or ought to have known, that the material is child exploitation material –

is guilty of a crime.

Charge:  Possessing child exploitation material.

130D Accessing child exploitation material

[Section 130D Amended by No. 29 of 2005, s. 4, Applied:01 Aug 2005] A person who, with intent to access child exploitation material, accesses child exploitation material is guilty of a crime.

Charge:  Accessing child exploitation material.

130E Defences in relation to child exploitation material

[Section 130E Amended by No. 29 of 2005, s. 4, Applied:01 Aug 2005]

(1)  It is a defence to a charge under section 130 , 130A , 130B , 130C or 130D to prove that –

(a) the material which is the subject of the charge was classified (whether before or after the commission of the alleged offence) under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, other than as refused classification (RC); or

(b) the accused person engaged in the conduct that is alleged to constitute the offence for a genuine child protection, scientific, medical, legal, artistic or public benefit purpose and the accused person's conduct was, in the circumstances, reasonable for that purpose; or

(c) the accused person was a police officer acting in the course of his or her official duties and the accused person's conduct was reasonable, in the circumstances, for the performance of the duties; or

(d) the accused person was acting in the course of his or her official duties in connection with the classification of the material which is the subject of the charge under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth.

(2)  It is also a defence to a charge under section 130 , 130A , 130C or 130D to prove that the material which is the subject of the charge depicts sexual activity between the accused person and a person under the age of 18 years that is not an unlawful sexual act.

(3)  It is also a defence to a charge under section 130C to prove that –

(a) the material which is the subject of the charge came into the accused person's possession unsolicited; and

(b) as soon as the accused person became aware that it was child exploitation material, he or she took reasonable steps to dispose of that material.

(4)  For the purposes of this section –

police officer includes –

(a) a member of the Australian Federal Police; and

(b) a member of the police force or service of another State or a Territory of the Commonwealth;

[Section 130E Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017] unlawful sexual act means an act that constitutes an offence under section 124 , 125B , 126 , 127 , 133 or 185 .

130F Forfeiture of child exploitation material, &c.

[Section 130F Amended by No. 29 of 2005, s. 4, Applied:01 Aug 2005]

(1)  This section applies if a person is prosecuted for a crime under section 130 , 130A , 130B , 130C or 130D .

(2)  [Section 130F Amended by No. 29 of 2018, s. 21, Applied:10 Dec 2018] The court may, if it considers material which is the subject of a charge under any of the sections referred to in subsection (1) to be child exploitation material, order that the material or any electronic medium on which the material, or data from which the material may be composed, is stored, or both the material and any such electronic medium, be forfeited to the Crown.

(3)  The court may make an order under subsection (2) whether or not the person is convicted of a crime under any of the sections referred to in subsection (1) .

(4)  If the person is convicted of a crime under any of the sections referred to in subsection (1) , the court may also order that any thing used to commit the crime be forfeited to the Crown.

(5)  The court may also make any order that it considers appropriate to enforce the forfeiture.

(6)  This section does not limit the court's powers under the Crime (Confiscation of Profits) Act 1993 or any other law.

(7)  [Section 130F Amended by No. 29 of 2018, s. 21, Applied:10 Dec 2018] When any material, electronic medium or other thing is forfeited to the Crown, the material, electronic medium or other thing becomes the Crown's property and may be disposed of or destroyed in such manner as the Attorney-General may direct.

130G Excluding non-essential persons from court when child exploitation material displayed

[Section 130G Amended by No. 29 of 2005, s. 4, Applied:01 Aug 2005]

(1)  When material alleged to be child exploitation material is on display in court, the court may exclude from the court any person who is not an essential person.

(2)  For the purposes of subsection (1) , an "essential person" is –

(a) a party, or a person representing a party, to the proceeding in relation to the child exploitation material; or

(b) a Crown Law Officer or a person authorised by a Crown Law Officer; or

(c) the prosecutor; or

(d) a witness giving evidence; or

(e) a person who a witness is entitled to have present in court under the Evidence (Children and Special Witnesses) Act 2001 ; or

(f) a person whose presence is, in the court's opinion, necessary or desirable for the proper conduct of the proceeding; or

(g) a person who applies to the court to be present and whose presence, in the court's opinion –

(i) would serve a proper interest of the person; and

(ii) would not be prejudicial to the interests of any person under the age of 18 years described or depicted in the child exploitation material, whether or not any person under the age of 18 years can be identified from the child exploitation material.

(3)  When forming an opinion under subsection (2)(f) or (g) , the court is to consider the public benefit of limiting the number of persons with access to child exploitation material.

131 Production or possession of bestiality product

[Section 131 Amended by No. 83 of 2001, s. 4, Applied:17 Dec 2001] [Section 131 Amended by No. 27 of 2024, s. 13, Applied:13 Dec 2024] [Section 131 Amended by No. 83 of 2001, s. 4, Applied:17 Dec 2001] [Section 131 Amended by No. 27 of 2024, s. 13, Applied:13 Dec 2024]

(1)  In this section –

bestiality product has the same meaning as in section 71 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995 ;

produce includes make, film, print, photograph, record and otherwise reproduce.

(2)  A person who –

(a) produces, or does any thing to facilitate the production of, a bestiality product; and

(b) knows, or ought to have known, that the product is or will be a bestiality product –

is guilty of a crime.

Charge:  Producing bestiality product.

(3)  A person who –

(a) is in possession of a bestiality product; and

(b) knows, or ought to have known, that the product is a bestiality product –

is guilty of a crime.

Charge:  Possessing bestiality product.

132.

[Section 132 Repealed by No. 71 of 1987, s. 15 ]

133 Incest

[Section 133 Substituted by No. 71 of 1987, s. 16 ]

(1)  Any person who has sexual intercourse with another person knowing that other person to be his or her lineal ancestor, lineal descendant, or sibling, is guilty of a crime whether or not that other person has consented to such sexual intercourse.

Charge:  Incest.

(2)  Any person of or above the age of 16 years who, with consent, permits another person to have sexual intercourse with him or her knowing that other person to be his or her lineal ancestor, lineal descendant, or sibling, is guilty of a crime.

Charge:  Permitting incest.

(3)  This section applies whether or not the relationship between the persons is traced through lawful wedlock.

(4)  In this section, sibling includes half-brother and half-sister.

134.

[Section 134 Amended by No. 123 of 2001, s. 4, Applied:24 Dec 2001] [Section 134 Amended by No. 72 of 2013, s. 14, Applied:12 Feb 2014]

135.

[Section 135 Amended by No. 123 of 2001, s. 4, Applied:24 Dec 2001] [Section 135 Amended by No. 72 of 2013, s. 14, Applied:12 Feb 2014]

136 Warning relating to uncorroborated evidence

[Section 136 Substituted by No. 71 of 1987, s. 17 ]

(1)  [Section 136 Amended by No. 8 of 2020, s. 5, Applied:06 Apr 2020] At the trial of a person accused of a crime under chapter XIV , XIVA or XX , no rule of law or practice shall require a judge to give a warning to the jury to the effect that it is unsafe to convict the person on the uncorroborated evidence of a person against whom the crime is alleged to have been committed.

(2)  A judge shall not give a warning of the kind referred to in subsection (1) unless satisfied that the warning is justified in the circumstances.

137 Indecency

*[Section 137 Amended by 15 Geo. V No. 34, s. 2 ]*Any person who wilfully –

(a) does any indecent act in any place to which the public have access or in the public view; or

(b) does any such act in any place with intent to insult or offend any other person –

is guilty of a crime.

Charge:  Indecency.

138 Obscene publications

[Section 138 Amended by No. 103 of 1974, s. 2 ]

(1)  Any person who knowing, or having a reasonable opportunity of knowing, the nature thereof –

(a) .  .  .  .  .  .  .  .  

(b) publicly exhibits any disgusting object or indecent show –

is guilty of a crime.

Charge:  Exhibiting obscene matter.

(2)  In any prosecution for a crime under this section it shall be a defence to prove that the act alleged was done for the public good.

(3)  The questions whether any such act as aforesaid was capable of being for the public good, and whether there is any evidence in the circumstances of excess beyond the requirements of the public good, are questions of law.

(4)  The questions whether any such act as aforesaid was for the public good, and whether there was any such excess as aforesaid, are questions of fact.

Chapter XIVA [Chapter XIVA of Part IV Amended by No. 8 of 2020, s. 5, Applied:06 Apr 2020] Human Remains

139 Misconduct in respect of human remains

Any person who –

(a) neglects to perform any duty, either imposed upon him by law or undertaken by him, with reference to the burial of any dead human body or human remains; or

(b) improperly or indecently interferes with or offers any indignity to any dead human body or human remains, whether buried or not –

is guilty of a crime.

Charge:  

(a) Neglecting duty as to burial.

(b) Interfering with human remains.

Chapter XV Common Nuisances

140 Common nuisance defined

[Section 140 Amended by No. 37 of 1996, s. 3 and Sched. 1 ]**[Section 140 Amended by No. 35 of 1973, s. 2 ]

(1)  A common nuisance is an unlawful act or an omission to discharge a legal duty, such act or omission being one which endangers the lives, safety, health, property, or comfort of the public, or by which the public are obstructed in the exercise or enjoyment of any right common to all His Majesty's subjects.

(2)  For the purposes of this section the comfort of the public shall be deemed to be affected by any pollution of the environment within the meaning of the Environmental Management and Pollution Control Act 1994 .

141 Common nuisances that are punishable

[Section 141 Amended by No. 35 of 1973, s. 3 ]

(1)  A person who commits any common nuisance which endangers the lives, safety, or health of the public, or which occasions injury to the person of any individual, is guilty of a crime.

Charge:  Creating a nuisance.

(2)  A person who commits a common nuisance of a kind mentioned in subsection (1) and causes or suffers it to continue is guilty of a crime.

Charge:  Creating and continuing a nuisance.

(3)  A person who commits a common nuisance of a kind not mentioned in subsection (1) and causes or suffers it to continue is guilty of a crime.

Charge:  Continuing a nuisance.

(4)  A person guilty of a crime under subsection (3) is not liable to be punished otherwise than as provided in chapter XLIIA .

142.

[Section 142 Repealed by No. 35 of 1973, s. 4 ]

143 Disorderly houses

(1)  [Section 143 Amended by No. 42 of 2005, s. 24, Applied:01 Jan 2006] A person who keeps any disorderly house – that is to say, any common gaming-house, or common betting-house – is guilty of a crime.

Charge:  Keeping a disorderly house.

(2)  [Section 143 Amended by No. 42 of 2005, s. 24, Applied:01 Jan 2006] .  .  .  .  .  .  .  .  

(3)  Any one who appears to be or acts or behaves as master or mistress, or as the person having the care, government, or management, of any such disorderly house, shall be deemed to be the keeper thereof, and shall be liable to be prosecuted and punished as such, although, in fact, he or she is not the real owner or keeper thereof.

(4)  The owner of any house, or any tenant, lessee, or occupier thereof, or of any part thereof, who knowingly permits such house or any part thereof to be kept as a disorderly house shall be liable to be prosecuted and punished as if he were the keeper of such house.

Part V Crimes Against the Person

Chapter XVI Duties Relating to the Preservation of Human Life

144 Duty to provide necessaries

(1)  It is the duty of every person having charge of another, who is unable by reason of age, sickness, unsoundness of mind, detention, or any other cause to withdraw himself from such charge, and who is unable to provide himself with the necessaries of life, to provide such necessaries for that other person.

(2)  It is immaterial how such charge arose.

145 Duty of head of family

It is the duty of every person who, as head of a family, has the charge of a child under the age of 16 years, being a member of his household, to provide the necessaries of life for such child.