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Act index » Part I - Offences » Division 1 - Offences against the person » Subdivision (8B) - Sexual offences against children
49N Loitering near schools etc. by sexual offender
(i)a school, a children's service centre or an education and care service premises; or
(ii)a public place within the meaning of the Summary Offences Act 1966 regularly frequented by children and in which children are present at the time of the loitering; and
(i)a school, a children's service centre or an education and care service premises; or
(ii)a public place within the meaning of the Summary Offences Act 1966 regularly frequented by children and in which children are present at the time of the loitering.
(2)A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).
(3)In this section— children's services centre means a place at which a children's service within the meaning of the Children's Services Act 1996 operates; education and care service premises means a place at which an education and care service (other than a family day care service) within the meaning of the Education and Care Services National Law (Victoria) educates or cares for children; relevant offence means—
S. 49N(3) def. of relevant offence amended by No. 7/2022 s. 40(a).S. 49N(3) def. of sexual offence amended by No. 7/2022 s. 40(b).
(iii)section 59(1)(a) or (b) or 60 inserted in this Act on 1 March 1981 by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991; or
(vi)a provision referred to in paragraphs (dam), (dama) or (dan) of clause 1 of Schedule 1 to the Sentencing Act 1991 or of attempting to commit an offence against a provision referred to in paragraph (dama); or
(vii)section 51B(1), 51C(1), 51D(1), 51G(1) or 51H(1) or of attempting to commit an offence against section 51C(1); sexual offence means—
(a)an offence against section 38(1), 39(1), 40(1), 41(1), 47(1), 48(1), 49A(1), 49B(1), 49C(1), 49D(1), 49E(1), 49F(1), 49G(1), 49H(1), 49I(1), 49J(1), 49O(1), 50C(1), 50D(1), 50F(1), 53H(1), 53I(1), 53J(1) or 53K(1); or
(b)an offence against a provision referred to in clause 7A, 7B, 8, 9, 10, 11A 11B, 11D(b), 11D(c), 11D(d), 11D(g), 11D(h), 11E, 11F or 12 of Schedule 8; or
(2)or (4) (incest) as inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016; or
(d)an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraph (a), (b) or (c).
(4)If A has at any time been found guilty of an offence against a law of another State or a Territory of the Commonwealth which creates an offence substantially similar to a sexual offence, that finding of guilt must be taken for the purposes of this section to be a finding of guilt of a sexual offence.
An exception applies to this offence—see section 49ZB.