Liability 131B(1)

Question 1

Meeting Young Person Following Sexual Grooming

Section and Penalty

Answer 1

Section 131B Crimes Act 1961

7 Years

Question 2

Meeting Young Person Following Sexual Grooming

Ingredients

Answer 2

(1) Everyone is liable to imprisonment for a term not exceeding 7 years if, -

(a) having met or communicated with a person under the age of 16 years on an earlier occasion, he or she takes one of the following actions:
(i) intentionally meets the young person:
(ii) travels with the intention of meeting the young person
(iii) arranges for or persuades the young person to travel with the intention of meeting him or her; and

(b) at the time of taking the action, he or she intends -
(i) to take in respect of the young person an action that, if taken in NZ, would be an offence against this part, or of section 98AA(1); or
(ii) that the young person should do on him or her an act the doing of which would, if he or she permitted to be done in NZ, be an offence against this part on his or her part.

Question 3

Meeting Young Person Following Sexual Grooming

Continued

Answer 3

(1A) A reference in this section to a young person under the age of 16, includes a Constable who pretends to be a young person under 16 (fictitious young person) if they offender when taking any of the actions described in subsection (1), believed the fictitious young person was a young person under the age of 16 years.

(2) It is a defence to a charge under subsection (1) if the person charged proves that, -
(a) before the time he or she took the action concerned, he or she had taken reasonable steps to find out whether the young person was of or over the age of 16 years; and
(b) at the time he or she took the action concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years.