134 SEXUAL CONDUCT WITH A YOUNG PERSON UNDER 16

Question 1

CA61 s134(1) Sexual Conduct With Young Person Under 16:
What are the Elements and penalty?

Answer 1

CA61 s134(1)
Sexual Conduct With A Young Person Under 16.
10 Years

(1) has sexual connection with a young person

Question 2

CA61 s134(2) Sexual Conduct With Young Person Under 16:
What are the Elements and penalty?

Answer 2

CA61 s134(2)
Sexual Conduct With A Young Person Under 16.
10 Years

(2) attempts to have sexual connection with a young person

Question 3

CA61 s134(3) Sexual Conduct With Young Person Under 16:
What are the Elements and penalty?

Answer 3

CA61 s134(3)
Sexual Conduct With A Young Person Under 16.
7 Years

(3) does an indecent act on a young person

Question 4

CA61 s134(4) Sexual Conduct With Young Person Under 16:
What are the Elements?

Answer 4

CA61 s134(4)
Sexual Conduct With A Young Person Under 16.

No person can be convicted of a charge under this section if he or she was married to the young person concerned at the time of the sexual connection or indecent act concerned.

Question 5

CA61 s134(5) Sexual Conduct With Young Person Under 16:
What are the Elements?

Answer 5

CA61 s134(5)
Sexual Conduct With A Young Person Under 16.

The young person in respect of whom an offence against this section was committed cannot be charged as a party to the offence if the person who committed the offence was of or over the age of 16 years when the offence was committed.

Question 6

CA61 s134(6) Sexual Conduct With Young Person Under 16:
What are the Elements and penalty?

Answer 6

(6) In this section,—
(a) young person means a person under the age of 16 years; and
(b) doing an indecent act on a young person includes indecently assaulting the young person.

Question 7

134 Sexual Conduct With Young Person Under 16:

Which of these is a defence to the above offence?

(a) The young person gave true consent

(b) The young person gave true consent, and the defendant believed the young person was of or over 16

(c) before the act the defendant took reasonable steps to find whether the young person was 16 or over. And during the act the defendant believed on reasonable grounds there was consent. And the complainant gave true consent.

Answer 7

C

Question 8

134 Sexual Conduct With a Young Person Under 16:

If both parties are under 16, who gets charged with the offence?

Answer 8

The both commit the offence and are liable to be charged.

Question 9

134 Sexual Conduct With a Young Person Under 16:

If one party is 15 and the other is 16, who can be charged?

Answer 9

The 16 year old only can be charged.
s134(5).