Other Sexual Offences Flashcards
Incest
Section 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
Sexual Conduct by coercion
Section 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 the threat is liable to imprisonment for a term not exceeding 14 years
(2) Everyone who does an indecent act on another person knowing that the other person has been induced to consent to the act by threat is liable to imprisonment for a term not exceeding 5 years
(3) For the purposes 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 had been induced to consent to the sexual connection by an express or implied threat of a kind described in subsection (5).
(4) For the purposes of subsection (2)-
(a) a person who does in 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 a kind described in subsection (5); and
(b) a person is induced by threat 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 threat referred to in subsections (3) and (4)(a) are-
(a) a threat that the person making the threat or some other person will commit an offence that-
(i) is punishable by imprisonment; but
(ii) does not involve the actual or 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 whom the accusation or disclosure is made; and
(c) a threat that the person making the threat will make improper use, to the detriment 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.
Sexual Conduct with a dependant family member
Section 131, Crime Act 1961
(1) Everyone who
has sexual connection
with a dependant family member under the age of 18 years.
(2) Everyone who
attempts to have sexual connection
with a dependant family member under the age of 18 years
(3) Everyone who
does an indecent act
on a dependant family member under the age of 18 years.
(4) The dependant family member cannot be charged as a party to the offence
(5) It is not a defence to a charge under this section that the dependent family member consented.
Meeting young person following grooming
Section 131B, Crime Act 1961
(1) Every person 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 (the young person) 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 New Zealand, would be an offence against this part, or against any of paragraphs(a)(i), (d)(i), (e)(i), (f)(i), 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 it to be done in New Zealand, be an offence against this part on his or her part.
(1A) A reference in this section to a young person under the age of 16 years or the young person includes a reference to a constable who pretends to be a young person under the age of 16 years (the fictitious young person) if the offender, when taking any of the actions descried in subsection (1), believed that 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.
When is the offence of Grooming complete
The offence is complete when the parties meet or the defendant travels or makes arrangements to meet the complainant with the relevant intent. To be intentional the meeting need be only “Purposely arranged”.
This section is framed in gender neutral terms.
Sexual exploitation of significantly impaired person
(1) Everyone is liable to imprisonment for a term not exceeding 10 years who has exploitative sexual connection with a person with a significant impairment.
(2) Everyone is liable to imprisonment for a term not exceeding 10 years who attempts to have exploitative sexual connection with a person with a significant impairment.
(3) For the purposes of subsections (1) and (2), a person has exploitative sexual connection with a person with a significant impairment (the “Impaired person”) is he or she-
(a) has sexual connection with the impaired person knowing that the impaired person is a person with significant impairment and,
(b) has obtained the impaired person’s acquiescence in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment.
(4) Everyone is a liable to imprisonment for a term not exceeding 5 years who exploitatively does an indecent act on a person with a significant impairment.
(5) For the purposes 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) has sexual connection with the impaired person knowing that the impaired person is a person with significant impairment and,
(b) has obtained the impaired person’s acquiescence in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment.
(6) For the purposes of this section, a significant impairment is an intellectual, mental, or physical condition or impairment (or a combination of 2 or more intellectual, mental or physical conditions or impairments) that affects a person to such an extent that it significantly impairs the person’s capacity-
(a) to understand the nature of the sexual conduct
(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.
Bestiality
Section 143, Crimes Act 2961
(1) Everyone is liable to imprisonment for a term not exceeding 7 years who commits bestiality.
(2) This offence is complete upon penetration.
Indecency with animal
Section 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.
Everyone who
Commits any act of indecency
With an animal
Sexual Conduct with children outside New Zealand
Section 144A, Crimes Act 1961
(1) Everyone commits an offence who, being a New Zealand citizen or ordinarily resident in New Zealand-
(a) Does outside NZ with or on a child under the age of 12 years an act to which subsection (2) applies; or
(b) does outside NZ with or on a person under the age of 16 years, an act to which subsection (3) applies, or
(c) does outside NZ with or on a person under the age of 18 years, 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) Section 132(1)
(b) Section 132(2)
(c) Section 132 (3)
(3) This subsection applies to an act that, if done in NZ, would be an offence against-
(a) Section 134(1)
(b) Section 134(2)
(c) Section 134 (3)
(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 persons under 18 years).
(5) A person who commits an offence against this section in respect of a provision specified in an u 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.
Organised Child sex Tours
Section 144C, Crimes Act 1961
Organising or promoting child sex tours
(1) Everyone is liable to imprisonment for a term not exceeding 7 years who- (a) Makes or organise 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 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 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-
(ii) 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
Section 216H Crimes Act 1961
Everyone is liable to imprisonment for a term not exceeding 3 years who intentionally or recklessly makes an intimate visual recording of another person.
What is required to be proved for a charge of “Makes an intimate visual recording”
The Defendant must not only have made a recording that comes within the definition of “Intimate visual recording”- which requires an absence of consent- but also have intended to make such a recording or have been reckless as to every element of the definition.
