Other Sexual Offences Flashcards
Sexual Conduct by Coercion
129A
Crimes Act 1961
1) Everyone who has sexual connection with another person knowing that the other person has been induced to consent to the connection by threat. Penalty: 14 yrs
2) Everyone who does an indecent act on another person knowing that the other person has been induce to consent to the act by threat. Penalty: 5 yrs
3) For the purpose of subsection (1) a person who has sexual connection with another person knows that the other person has been induced to consent to the sexual connection by threat if (and only if) he or she knows that the other person has been induced to consent to the sexual connection by an express or implied threat of a kind described in subsection (5)
4) For the purpose of subsection 2
(a) a person who does an indecent act on another person knows that the other person has been induced to consent to the act by threat if (and only if) he or she knows that the other person has been induced to consent to the act by an express or implied threat of kind described in subsection (5) and
(b) a person is induced to consent to an indecent act whether (i) he or she is induced to consent to the doing of an indecent act with or on him or her OR (ii) he or she is induced to consent to do an indecent act himself or herself
5) The kinds of threats referred to in subsection 3 and 4 are
a) threat that the person making the threat or some other person will commit an offence that is (i) punishable by imprisonment BUT (ii) does not involve the actual threatened application of force to any person and
b) a threat that the person making the threat or some other person will make an accusation or disclosure (whether true or false) about misconduct by any person (whether living or dead) that is likely to damage seriously the reputation of the person against or about whom the accusation or disclosure is made and
c) a threat that the person making the threat will make improper use to the determent of the person consenting of a power or authority arising out of (i) an occupational or vocational position held by the person making the threat OR (ii) a commercial relationship existing between the person making the threat and the person consenting
This section creates an offence of inducing someone to commit sexual connection in response to an implied or explicit threat that does not involve force. The nature of the threat is outlined in subsection (5). The section uses the same definition of “consent” and “sexual connection” as s128
Incest
130
Crimes Act 1961
1) Sexual connection is incest if -
a) it is between 2 people whose relationship is that of parent and child, siblings, half-siblings, or grandparent and grandchild AND
b) the person charged knows of the relationship
2) Everyone of or over the age of 16 years who commits incest is liable to imprisonment for a term not exceeding 10 years
THE KEY FACTORS ARE THE RELATIONSHIP AND THE KNOWLEDGE OF RELATIONSHIP, BUT THE OFFENDER MUST BE OF OR OVER THE AGE OF 16
CONSENT IS NOT A DEFENCE.. INCEST IS CARRIED OUT WITH CONSENT OF BOTH PARTIES
ADOPTIVE PARENTS ARE INCLUDED
STEP PARENTS/KIDS IS NOT INCEST
Sexual Connection with a Dependant Family Member
131
Crimes Act 1961
1) sexual connection with a dependent family member under 18.
Penalty: 7 yrs
2) attempts to have sexual connection with a dependent family member under 18.
Penalty: 7 yrs
3) Indecent act on a dependant family member under 18.
Penalty: 3 yrs
THE DEPENDANT FAMILY MEMBER CANNOT BE CHARGED AS A PARTY TO THE OFFENCE
CONSENT IS NOT NOT A DEFENCE TO THIS CHARGE
Grooming (meeting a young person following grooming)
131B
Crimes Act 1961
1) Every person is liable to imprisonment not exceeding 7 years if -
(a) having met or communicated with a person under 16 on an earlier occasion, he or she takes on 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
(ii) that the young person should do on him or her an act the doing of which would if he or she permitted it to be done in NZ be an offence against this part on hi or her part
(1A) a reference in this section to a young person under 16 or the young person includes a reference to a constable who pretends to be a young person under the age of 16 (factious young person) if the offender when taking any of the actions described above believed that the fictitious young person was a young person under 16
DEFENCE
It is a defence if the person proves that -
a) before the time they took the action concerned, they had taken reasonable steps to find out whether the young person was of or over 16
b) a the time they took the action concerned they believed on reasonable grounds that the young person was of or over 16
Directed primarily at grooming via the internet and includes text messaging and other forms of electronic communication.
Identifies and criminalised preparatory behaviour at the point where steps are being taken to implement the grooming but before the offender has has a real opportunity to sexually abuse the complainant
Sexual Exploitation of Person with Significant Impairment
138
Crimes Act 1961
1) everyone is liable to imprisonment for a term not exceeding 10yrs who has explosive sexual connection with a person with a significant impairment
2) everyone is liable to imprisonment for a term not exceeding 10yrs who attempts to have exploitive sexual connection with a person with a significant impairment
3) for the purpose of subsection 1 and 2 a person has exploitative sexual connection with a person with a significant impairment (the impaired person) if he or she -
(a) has sexual connection with the impaired person knowing that the impaired person is a person with a significant impairment AND
(b) has obtained the impaired person’s acquiesces in submission to participation in or undertaking of the connection by taking advantage of the impairment
4) everyone is liable to imprisonment for a term not exceeding 5yrs who exploitively does an indecent act on a person with a significant impairment
5) for the purpose of subsection 4 a person exploitatively does an indecent act on a person with a significant impairment (the impaired person) if he or she-
(a) does an indecent act on the impaired person known that the impaired person is a person with a significant impairment AND
(b) has obtained the impaired persons acquiescences in submission to participation in or undertaking of the doing of the act by taking advantage of the impairment
6) for the purpose of this section a significant impairment is an intellectual, mental, or physical condition or impairment (or a combination of two or more intellectual, mental or physical conditions or impairments) that affects a person to such an extent that it significantly impairs the persons capacity -
(a) TO UNDERSTAND THE NATURE OF SEXUAL CONDUCT or
(b) TO UNDERSTAND THE NATURE OF DECISIONS ABOUT SEXUAL CONDUCT or
(c) TO FORESEE THE CONSEQUENCES OF DECISIONS ABOUT SEXUAL CONDUCT or
(d) TO COMMUNICATE DECISIONS ABOUT SEXUAL CONDUCT
Compelling Indecent Act with Animal
142A
Crimes Act 1961
Everyone is liable to imprisonment for a term not exceeding 14 years who compels any other person by the actual or threatened application of force to that other person or some other person to preform or to submit to or acquiesce in any act of indecency with an animal whether or not involving penetration
Bestiality
143
Crimes Act 1961
1) everyone is liable to imprisonment for a term not exceeding 7 years who commits bestiality
2) THE OFFENCE IS COMPLETE UPON PENETRATION
Indecency with Animal
144
Crimes Act 1961
Everyone is liable to imprisonment for a term not exceeding 3 years who commits any act of indecency with an animal
Sexual Conduct with Children Outside NZ
144A
Crimes Act 1961
1) everyone commits an offence who being a NZ citizen or ordinarily resident in NZ -
(a) does outside NZ with or on a child under 12 an act to which subsection 2 applies OR
(b) does outside NZ with or on a person under 16 an act to which subsection 3 applies OR
(c) does outside NZ with or on a person under 18 an act to which subsection 4 applies
2) This subsection applies to an act that if done in NZ would be an offence against
(a) 132(1) sexual connection child
(b) 132(2) attempted sexual connection child
(c) 132(3) indecent act child
3) This subsection applies to an act that if done in NZ would be an offence against
(a) 134(1) sexual conduct young person
(b) 134(2) attempted sexual conduct young person
(c) 134(3) indecent act young person
4) This subsection applies to an act that if done in NZ would be an offence against section 23(1) of the prostitution reform act 2003 (breach of prohibitions on use in prostitution of person under 18
5) A person who commits an offence against this section in respect of a provision specified in any of subsections 2 to 4 is liable to the penalty to which he or she would be liable if convicted of an offence against the provision
6) Every limiting provision that applied to a provision specified in any of subsections 2 to 4 when an offence against this section in respect of the provision specified is alleged to have been committed applies also to -
(a) the commencement of proceedings fo the offence AND
(b) a charge under this section in respect of the provisions specified
7) In this section limiting provision in relation to a provision specified in any of subsections 2 to 4 means a provision of this act or the prostitution reform act 2003 that states (in relation to the provision specified only or more generally)
(a) circumstances that constitute a defence to a charge under the provision specified OR
(b) circumstances that do not constitute a defence to a charge under the provision specified OR
(c) circumstances in which the person on or with whom an offence against the provision specified is committed may not be charge with an offence against that provision.
Organising Child Sex Tours
144C
Crimes Act 1961
1) everyone is liable to imprisonment for a term not exceeding 7yrs who -
(a) makes or organises any travel arrangements for or on behalf of any other person with the intention of facilitating the commission by that other person of an offence against section 144A of this act whether or not such an offence is actually committed by that other person OR
(b) transports any other person to a place outside NZ with the intention of facilitating the commission by that other person of an offence against section 144A of this act whether or not such an offence is actually committed by that other person OR
(c) prints or publishes any information that is intended to promote conduct that would constitute an offence against section 144A of this act or to assist any other person to engage in such conduct
2) for the purposes of this section
(a) the making or organising of travel arrangements includes but is not limited to -
(i) the purchase or reservation of tickets for travel to a country outside NZ
(ii) the purchase or reservation of accommodation in a country outside NZ
(b) the publication of information means publication of information by any means whether by written, electronic, or other form of communication and includes the distribution of information
Prohibition on Making Intimate Visual Recording
216H
Crimes Act 1961
Everyone who intentionally or recklessly makes an intimate visual recording or another person
Penalty: 3yrs
Requires absence of consent
When is the offence of grooming complete
The offence is complete when:
- the parties meet
- the defendant travels or makes arrangements to meet the complainant with the relevant intent
To be intentional the meeting need only be purposely arranged,. This section is framed in gender natural terms.
Section 131B
Constable Pretending to be a young person
section includes a constable pretending to be a young person
Prosecution must prove the offender (when taking any of the actions in subsection 1) believed the fictions young person was a young person under 16
What does a charge of Sexual Conduct With Children Outside NZ allow
the prosecution of a NZ citizen who commits an offence under section 132 (sexual conduct child) or 134 (sexual conduct young person) pursuant to 144A if the act was COMMITTED OUTSIDE NZ
Consent of Attorney General
144B
1) no charging document may be filed for an offence against section 144A of this act except with the consent of the attorney general
2) a person who is alleged to have committed such an offence may be arrested or a warrant for the arrest of the person may be issued and executed and any such person may be remanded in custody or on bail not withstanding that the consent of the attorney general to the filing of a charging document for the offence has not been obtained but no further or other proceedings shall be taken until that consent has been obtained.
3) the attorney general may before deciding whether or not to give his or her consent under subsection 1 of this section make such inquiries as he/she thinks fit.
