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Act index » Part I - Offences » Division 1 - Offences against the person » Subdivision (8B) - Sexual offences against children
49M Grooming for sexual conduct with a child under the age of 16
(1)A person (A) commits an offence if—
(a)A is 18 years of age or more; and
(b)A communicates, by words or conduct (whether or not a response is made to the communication), with—
(i)another person (B) who is a child under the age of 16 years; or
(c)A intends that the communication facilitate B engaging or being involved in the commission of a sexual offence by A or by another person who is 18 years of age or more.
(2)A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
(3)A does not intend to facilitate B engaging or being involved in the commission of a sexual offence by A or by another person who is 18 years of age or more if, were the conduct constituting the sexual offence to occur, A or the other person would satisfy an exception, or have a defence, to that sexual offence.
(4)It is immaterial that some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria, so long as B or C was, or B and C were, in Victoria at the time at which that conduct occurred.
(5)It is immaterial that B or C was, or B and C were, outside Victoria at the time at which some or all of the conduct constituting an offence against subsection (1) occurred, so long as A was in Victoria at the time that conduct occurred.
(6)It is immaterial that A, B and C were all outside Victoria at the time at which some or all of the conduct constituting an offence against subsection
(1)occurred, so long as A intended that the sexual offence would occur in Victoria.
(7)In this section— communication includes an electronic communication within the meaning of the Electronic Transactions (Victoria) Act 2000; sexual offence means—
(a)an offence against a provision of Subdivision (8A), this Subdivision (other than section 49K(1) or this section), (8C), (8D), (8E), (8F) or (8FA); or
(b)an attempt to commit an offence covered by paragraph (a); or
(c)an assault with intent to commit an offence referred to in paragraph (a).