http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CriminCode.pdf
Criminal Code Act 1899
Reprinted as in force on 15 March 2008
Chapter 22 Offences against morality
207A
Definitions for this chapter . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 107
208 Unlawful sodomy . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . 109
209 Attempted sodomy . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 110
210
Indecent treatment of children under 16. . . . . . . .
. . . . . . . . . . . . 111
211 Bestiality . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 112
213
Owner etc. permitting abuse of children on premises . . . . . . . . . 112
215
Carnal knowledge with or of children under 16 . . . . . . . . . . . . . . 113
216
Abuse of intellectually impaired persons . . . . . . . . . . . . . . . . . . .
113
217
Procuring young person etc. for carnal knowledge . . . . . . . . . . . 115
218
Procuring sexual acts by coercion etc. . . . . . . . .
. . . . . . . . . . . . . 115
218A
Using internet etc. to procure children under 16 . . . . . . . . . . . . . 116
219
Taking child for immoral purposes . . . . . . . . . . . . . . . . . . . . . . .
. 117
221
Conspiracy to defile . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 118
222 Incest . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 119
Chapter 22 Offences against morality
207A Definitions for this chapter
In this chapter—
child
exploitation material means material that, in a way
likely
to cause offence to a reasonable adult, describes or
depicts
someone who is, or apparently is, a child under 16
years—
(a) in a sexual
context, including for example, engaging in a
sexual
activity; or
(b) in an offensive
or demeaning context; or
(c) being subjected
to abuse, cruelty or torture.
classification
officer means—
(a) the computer games
classification officer under the
Classification of Computer Games and Images
Act
1995; or
(b) the films
classification officer under the Classification
of
Films Act 1991; or
(c) the publications
classification officer under the
Classification of
Publications Act 1991.
classified—
(a) for a computer
game—see the Classification of
Computer Games and Images Act 1995;
or
(b) for a film—see
the Classification of Films Act 1991;
or
(c) for a
publication—see the Classification of Publications
Act 1991.
computer
game see the Classification
of Computer Games
and
Images Act 1995.
film
see the Classification
of Films Act 1991.
law
enforcement agency means—
(a) the
(b) the Office of
the Director of Public Prosecutions; or
s 207A 108 s 207A
Criminal Code Act 1899
(c) the Crime and
Misconduct Commission; or
(d) any other entity
of—
(i) another State;
or
(ii) the
Commonwealth;
that
performs a similar function to an entity in
paragraphs
(a) to (c).
law
enforcement officer means—
(a) a member or
officer of a law enforcement agency,
including
a person appearing for the director under the
Director of Public Prosecutions Act 1984,
section 10(4);
or
(b) a person who is
authorised, in writing, by the
commissioner
of the police service, or the chairperson
of
the Crime and Misconduct Commission, to help a
member
or officer of a law enforcement agency; or
(c) a person who
belongs to a class of persons that is
authorised,
in writing, by the commissioner of the police
service,
or the chairperson of the Crime and Misconduct
Commission, to help a member or officer of a
law
enforcement
agency.
material
includes anything that contains data from
which text,
images
or sound can be generated.
observe
means observe by any means.
private
act, for a person, means—
(a) showering or
bathing; or
(b) using a toilet;
or
(c) another activity
when the person is in a state of undress;
or
(d) intimate sexual
activity that is not ordinarily done in
public.
private
place means a place where a person might reasonably
be
expected to be engaging in a private act.
publication
see the Classification
of Publications Act 1991.
s 208 109 s 208
Criminal Code Act 1899
someone,
in the context of a description or depiction, includes
the
body parts of someone, including for example, someone’s
breast
or genitalia.
state
of undress, for a person, means—
(a) the person is
naked or the person’s genital or anal region
is
bare or, if the person is female, the person’s breasts
are
bare; or
(b) the person is
wearing only underwear; or
(c) the person is
wearing only some outer garments so that
some
of the person’s underwear is not covered by an
outer
garment.
visually
record, a person, means record, or transmit, by any
means,
moving or still images of the person or part of the
person.
208 Unlawful
sodomy
(1) Any person who—
(a) sodomises a person under 18 years; or
(b) permits a male person under 18 years to sodomise him
or
her; or
(c) sodomises an intellectually impaired person; or
(d) permits an intellectually impaired person to sodomise
him
or her; commits a crime.
Maximum penalty—14
years imprisonment.
(2) The offender is liable to imprisonment
for life if the offence is
committed
in respect of—
(a) a child under 12 years; or
(b) a child, or an intellectually impaired person, who is to
the
knowledge of the offender—
(i) his or her lineal descendant; or
(ii) under his or her guardianship or care.
(3)
For an offence defined in subsection (1)(a) or (b)
alleged to
have
been committed in respect of a child who is 12 years or
more,
it is a defence to prove that the accused person believed,
on
reasonable grounds, that the person in respect of whom the
offence
was committed was 18 years or more.
(4) It is a defence to a charge of an offence
defined in subsection
(1)(c) or (d) to prove—
(a) that the accused person believed on reasonable grounds
that
the person was not an intellectually impaired
person;
or
(b) that the act that was the offence did not, in the
circumstances,
constitute sexual exploitation of the
intellectually
impaired person.
209 Attempted
sodomy
(1) Any person who
attempts to commit a crime defined in
section
208 is guilty of a crime and is liable to imprisonment
for
7 years.
(2) The offender is
liable to imprisonment for 14 years if the
offence
is committed in respect of—
(a) a child under 12 years; or
(b) a child, or an intellectually impaired person, who is to
the
knowledge of the offender—
(i) his or her lineal descendant; or
(ii) under his or her guardianship or care.
(3) It is a defence
to a charge of attempting to commit an offence
defined
in section 208(1)(a) or (b) in respect of a child who is
12 years or more to
prove that the accused person believed, on
reasonable
grounds, that the child was of or above 18 years.
(4) It is a defence
to a charge of attempting to commit an offence
defined
in section 208(1)(c) or (d) to prove—
(a) that the accused person believed on reasonable grounds
that
the person in respect of whom the offence was
committed
was not an intellectually impaired person; or
(b) that the act that
was the offence did not, in the
circumstances,
constitute sexual exploitation of the
intellectually
impaired person.
210 Indecent treatment
of children under 16
(1) Any person who—
(a) unlawfully and indecently deals with a child under the
age
of 16 years; or
(b) unlawfully procures a child under the age of 16 years to
commit
an indecent act; or
(c) unlawfully permits himself or herself to be indecently
dealt
with by a child under the age of 16 years; or
(d) wilfully and unlawfully exposes a child under the age of
16 years to an
indecent act by the offender or any other
person;
or
(e) without legitimate reason, wilfully exposes a child
under
the age of 16 years to any indecent object or any
indecent
film, videotape, audiotape, picture, photograph
or
printed or written matter; or
(f) without legitimate reason, takes any indecent
photograph
or records, by means of any device, any
indecent
visual image of a child under the age of 16
years;
is
guilty of an indictable offence.
(2) If the child is
of or above the age of 12 years, the offender is
guilty
of a crime, and is liable to imprisonment for 14 years.
(3) If the child is
under the age of 12 years, the offender is guilty
of
a crime, and is liable to imprisonment for 20 years.
(4) If the child is,
to the knowledge of the offender, his or her
lineal
descendant or if the offender is the guardian of the child
or,
for the time being, has the child under his or her care, the
offender
is guilty of a crime, and is liable to imprisonment for
20 years.
(5) If the offence is
alleged to have been committed in respect of
a
child of or above the age of 12 years, it is a defence to prove
that
the accused person believed, on reasonable grounds, that
the
child was of or above the age of 16 years.
(6) In this section—
deals
with includes doing any act which, if done without
consent,
would constitute an assault as defined in this Code.
211 Bestiality
Any person who has
carnal knowledge with or of an animal is
guilty
of a crime and is liable to imprisonment for 7 years.
213 Owner etc. permitting abuse of
children on premises
(1) Any person who,
being the owner or occupier of any
premises,
or having, or acting or assisting in, the management
or
control of any premises, induces or knowingly permits any
child
under the prescribed age to be in or upon the premises
for
the purpose of any person, whether a particular person or
not,
doing an act in relation to the child (a proscribed
act)
defined
to constitute an offence in section 208, 210 or 2156
is
guilty
of an indictable offence.
(2) If the child is
of or above the age of 12 years, the offender is
guilty
of a crime, and is liable to imprisonment for 10 years.
(3) If the child is
under the age of 12 years, the offender is guilty
of
a crime, and is liable to imprisonment—
(a) for life, where the proscribed act is one defined to
constitute
an offence in section 208 or 215; or
(b) for 14 years in any other case.
(4) If the proscribed
act is one defined to constitute an offence in
section
208 and the child is of or above 12 years, it is a
defence
to prove that the accused person believed, on
reasonable
grounds, that the child was of or above 18 years.
(5) If the proscribed
act is one defined to constitute an offence in
section
210 or 215 and the child is of or above 12 years, it is a
defence
to prove that the accused person believed, on
reasonable
grounds, that the child was of or above 16 years.
(6) In this section—
prescribed
age means—
(a) for an offence defined in section 208—18 years;
(b) for an offence defined in section 210 or 215—16 years.
215 Carnal
knowledge with or of children under 16
(1) Any person who
has or attempts to have unlawful carnal
knowledge
with or of a child under the age of 16 years is
guilty
of an indictable offence.
(2) If the child is
of or above the age of 12 years, the offender is
guilty
of a crime, and is liable to imprisonment for 14 years.
(3) If the child is
under the age of 12 years, the offender is guilty
of
a crime, and is liable to imprisonment for life or, in the case
of
an attempt to have unlawful carnal knowledge, to
imprisonment
for 14 years.
(4) If the child is
not the lineal descendant of the offender but the
offender
is the child’s guardian or, for the time being, has the
child
under the offender’s care, the offender is guilty of a
crime,
and is liable to imprisonment for life or, in the case of
an
attempt to have unlawful carnal knowledge, to
imprisonment
for 14 years.
(5) If the offence is
alleged to have been committed in respect of
a
child of or above the age of 12 years, it is a defence to prove
that
the accused person believed, on reasonable grounds, that
the
child was of or above the age of 16 years.
(6) In this section—
carnal
knowledge does not include sodomy.
216 Abuse of intellectually impaired
persons
(1) Any person who
has or attempts to have unlawful carnal
knowledge
of an intellectually impaired person is, subject to
subsection
(3)(a) and (b), guilty of a crime, and is liable to
I mprisonment for 14 years.
(2) Any person who—
(a) unlawfully and indecently deals with an intellectually
impaired
person; or
(b) unlawfully procures an intellectually impaired person to
commit
an indecent act; or
(c) unlawfully permits himself or herself to be indecently
dealt
with by an intellectually impaired person; or
(d) wilfully and unlawfully exposes an intellectually
impaired
person to an indecent act by the offender or
any
other person; or
(e) without legitimate reason, wilfully exposes an
intellectually
impaired person to any indecent object or
any
indecent film, videotape, audiotape, picture,
photograph
or printed or written matter; or
(f) without legitimate reason, takes any indecent
photograph
or records, by means of any device, any
indecent
visual image of an intellectually impaired
person;
is,
subject to subsection (3)(c), guilty of a crime, and is liable
to
imprisonment for 10 years.
(3) If the
intellectually impaired person is not the lineal
descendant
of the offender but the offender is the guardian of
that
person or, for the time being, has that person under the
offender’s
care, the offender is guilty of a crime, and is
liable—
(a) in the case of the offence of having unlawful carnal
knowledge—to
imprisonment for life; or
(b) in the case of an attempt to have unlawful carnal
knowledge—to
imprisonment for life; or
(c) in the case of an offence defined in subsection (2)—to
imprisonment
for 14 years.
(3A) In the case of
an offence defined in subsection (2), if the
intellectually
impaired person is, to the knowledge of the
offender,
the offender’s lineal descendant, the offender is
guilty
of a crime, and is liable to imprisonment for 14 years.
(4) It is a defence
to a charge of an offence defined in this section
to
prove—
(a) that the accused person believed on reasonable grounds
that
the person was not an intellectually impaired
person;
or
(b) that the doing of the act or the making of the omission
which,
in either case, constitutes the offence did not in
the
circumstances constitute sexual exploitation of the
intellectually
impaired person.
(5) In this section—
carnal
knowledge does not include sodomy.
deals
with includes doing any act that, if done without
consent,
would constitute an assault.
217 Procuring young person etc. for carnal
knowledge
(1) A person who
procures a person who is not an adult or is an
intellectually
impaired person to engage in carnal knowledge
(either
in
Maximum
penalty—imprisonment for 14 years.
(2) In this section—
procure
means knowingly entice or recruit for the
purposes of
sexual
exploitation.
218 Procuring
sexual acts by coercion etc.
(1) A person who—
(a) by threats or intimidation of any kind, procures a person
to
engage in a sexual act, either in
elsewhere;
or
(b) by a false pretence, procures a person to engage in a
sexual
act, either in
(c) administers to a person, or causes a person to take, a
drug
or other thing with intent to stupefy or overpower
the
person to enable a sexual act to be engaged in with
the
person; commits a crime.
Maximum
penalty—imprisonment for 14 years.
(2) For subsection
(1), a person engages in a sexual act if the
person—
(a) allows a sexual act to be done to the person’s body; or
(b) does a sexual act to the person’s own body or the body
of
another person; or
(c) otherwise engages in an act of an indecent nature with
another
person.
(3) Subsection (2) is
not limited to sexual intercourse or acts
involving
physical contact.
(4) In this section—
procure
means knowingly entice or recruit for the
purposes of
sexual
exploitation.
218A Using internet etc. to procure
children under 16
(1) Any adult who
uses electronic communication with intent
to—
(a) procure a person under the age of 16 years, or a person
the
adult believes is under the age of 16 years, to engage
in
a sexual act, either in
(b) expose, without legitimate reason, a person under the
age
of 16 years, or a person the adult believes is under
the
age of 16 years, to any indecent matter,7 either
in
commits
a crime.
Maximum
penalty—5 years imprisonment.
(2) The adult is
liable to 10 years imprisonment if the person is—
(a) a person under 12 years; or
(b) a person the adult believes is under 12 years.
(3) For subsection (1)(a),
a person engages in a sexual act if the
person—
(a) allows a sexual act to be done to the person’s body; or
(b) does a sexual act to the person’s own body or the body
of
another person; or
(c) otherwise engages in an act of an indecent nature.
(4) Subsection (3) is
not limited to sexual intercourse or acts
involving
physical contact.
(5) For subsection (1)(a), it is not necessary to prove that the adult
intended
to procure the person to engage in any particular
sexual
act.
(6) Also, for
subsection (1)(a), it does not matter that, by reason
of
circumstances not known to the adult, it is impossible in
fact
for the person to engage in the sexual act.
(7) For subsection
(1), it does not matter that the person is a
fictitious
person represented to the adult as a real person.
(8) Evidence that the
person was represented to the adult as being
under
the age of 16 years, or 12 years, as the case may be, is,
in
the absence of evidence to the contrary, proof that the adult
believed
the person was under that age.
(9) It is a defence
to a charge under this section to prove the adult
believed
on reasonable grounds that the person was at least 16
years,
or 12 years, as the case may be.
(10) In this section—
electronic
communication means email, Internet chat rooms,
SMS messages, real
time audio/video or other similar
communication.
procure
means knowingly entice or recruit for the
purposes of
sexual
exploitation.
219 Taking child for immoral purposes
(1) Any person who
takes or entices away, or detains a child who
is
under the prescribed age and is not the husband or wife of
that
person for the purpose of any person, whether a particular
person
or not, doing an act in relation to the child (a
proscribed
act) defined to constitute an offence in section
208, 210 or 2158
is guilty of a crime.
(2) If the child is
of or above the age of 12 years, the offender is
liable
to imprisonment for 10 years.
(3) If the child is
under the age of 12 years, the offender is liable
to
imprisonment—
(a) for life, where the proscribed act is one defined to
constitute
an offence in section 208 or 215; or
(b) for 14 years in any other case.
(4) If the proscribed
act is one defined to constitute an offence
defined
in section 208 and the child is of or above 12 years, it
is
a defence to prove that the accused person believed, on
reasonable
grounds, the child was of or above 18 years.
(5) If the proscribed
act is one defined to constitute an offence
defined
in section 210 or 215 and the child is of or above 12
years,
it is a defence to prove that the accused person
believed,
on reasonable grounds, the child was of or above 16
years.
(6) In this section—
prescribed
age means—
(a) for an offence defined in section 208—18 years;
(b) for an offence defined in section 210 or 215—16 years.
221 Conspiracy to defile
Any person who
conspires with another to induce any person,
by
any false pretence or other fraudulent means, to permit any
person
to have unlawful carnal knowledge with or of him or
her
commits a crime.
Maximum
penalty—10 years imprisonment.
222 Incest
(1) Any person who—
(a) has carnal knowledge with or of the person’s offspring
or
other lineal descendant, or sibling, parent,
grandparent,
uncle, aunt, nephew or niece; and
(b) knows that the other person bears that relationship to
him
or her, or some relationship of that type to him or
her;
commits
a crime.
Maximum
penalty—imprisonment for life.
(2) Any person who
attempts to commit the crime of incest is
liable
to imprisonment for 10 years.
(3) It is immaterial
that the act or attempted act of carnal
knowledge
happened with the consent of either person.
(4) It is a defence
to a charge under this section to prove that the
accused
person was, at the time when the act or attempted act
of
carnal knowledge happened, acting under the coercion of
the
other person.
(5) A reference in
this section to an offspring or other lineal
descendant,
or a sibling or a parent includes a relationship of
that
type that is a half, adoptive or step relationship.
(6) For subsection
(5), a reference to a step relationship includes a
relationship
corresponding to a step relationship arising
because
of cohabitation in a de facto relationship or because
of
a foster relationship or a legal arrangement.
(7) Also, for
subsection (5), a reference to a step relationship does
not
include a step relationship that first arose after the relevant
persons
became adults.
(8) This section does
not apply to carnal knowledge between
persons
who are lawfully married or entitled to be lawfully
married.