What is the law?

Section 210 (1)(a) of The Criminal Code provides that any persons who unlawfully and indecently deals with a child under the age of 16 years is guilty of an indictable offence.

What does the prosecution need to prove?

• The accused unlawfully and indecently dealt with the complainant; and
• The complainant was under 16 years.

What is indecent dealing?

An example of indecent dealing includes, but is not limited to, the intentional touching of the breast.

What is the penalty?

Higher jail terms apply to offences against children under 12 years of age, or if the child is a lineal descendant or you are a guardian of the child. You may have a defence and should call one of our lawyers for advice if you have been charged or if you are contacted by the police for an interview.

Section 210 (1)(b) of The Criminal Code provides that any persons who unlawfully procures a child under the age of 16 years to commit an indecent act is guilty of an indictable offence.

What does the prosecution need to prove?

• The accused unlawfully procured a child.
• To commit an indecent act.
• The complainant was under 16 years.

What is the penalty?

Higher jail terms apply to offences against children under 12 years of age, or if the child is a lineal descendant or you are a guardian of the child. You may have a defence and should call one of our lawyers for advice if you have been charged or if you are contacted by the police for an interview.

Section 210 (1)(c) of The Criminal Code provides that any persons who unlawfully permits himself or herself to be indecently dealt with by a child under the age of 16 years is guilty of an indictable offence.

What does the prosecution need to prove?

• The accused unlawfully permitted the complainant to deal with him.
• That such dealing was indecent.
• The complainant was under 16 years.

What is the penalty?

Higher jail terms apply to offences against children under 12 years of age, or if the child is a lineal descendant or you are a guardian of the child. You may have a defence and should call one of our lawyers for advice if you have been charged or if you are contacted by the police for an interview.

Section 210 (1)(d) of The Criminal Code provides that any persons who wilfully and unlawfully exposes a child under the age of 16 years to an indecent act by the offender or any other person is guilty of an indictable offence.

What does the prosecution need to prove?

• The accused wilfully and unlawfully exposed a child.
• To an indecent act by the accused or another person.
• The complainant was under 16 years.

What is the penalty?

Higher jail terms apply to offences against children under 12 years of age, or if the child is a lineal descendant or you are a guardian of the child. You may have a defence and should call one of our lawyers for advice if you have been charged or if you are contacted by the police for an interview.

Section 210 (1)(e) of The Criminal Code provides that any persons who 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 is guilty of an indictable offence.

What does the prosecution need to prove?

• The accused, without legitimate reason, wilfully exposed a child to an indecent object or thing.
• The complainant was under 16 years.

What is the penalty?

Higher jail terms apply to offences against children under 12 years of age, or if the child is a lineal descendant or you are a guardian of the child. You may have a defence and should call one of our lawyers for advice if you have been charged or if you are contacted by the police for an interview.

Section 210 (1)(f) of The Criminal Code provides that any persons who 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.

What does the prosecution need to prove?

• The accused took an indecent photograph or recorded, by means of any device, any indecent visual image of a child.
• The complainant was under 16 years at the time.
• The accused had no legitimate reason for taking the photograph or image.

What is the penalty?

Higher jail terms apply to offences against children under 12 years of age, or if the child is a lineal descendant or you are a guardian of the child. You may have a defence and should call one of our lawyers for advice if you have been charged or if you are contacted by the police for an interview.

Section 215 of The Criminal Code provides that 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.

What is carnal knowledge?

Carnal knowledge means the insertion of the accused’s penis into the genitalia (or anus) of the complainant. Penetration to the slightest degree is sufficient and ejaculation is not necessary.

What does the prosecution need to prove?

• The accused had carnal knowledge of the complainant.
• The carnal knowledge was unlawful. I.e. not authorised, justified or excused by law.
• That the complainant was under 16.

What is the penalty?

If the child is of or above the age of 12 years, an offender is liable to imprisonment for 14 years. Higher jail terms apply to offences against children under 12 years of age, or if the child is a lineal descendant, you are a guardian of the child or the child is a person with an impairment of the mind.

Possible defences

Section 215(5) of The Criminal Code provides that if the offence is alleged to have been committed in respect of a complainant of or above the age of 12 years, it is a defence to prove that the accused person believed, on reasonable grounds, that the complainant was of or above the age of 16 years.