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Act index » Part I - Offences » Division 1 - Offences against the person » Subdivision (8B) - Sexual offences against children
49Q Causing or allowing a sexual performance involving a child
(1)A person (A) commits an offence if—
(a)A intentionally causes or allows another person (B) to take part in a sexual performance; and
(b)the sexual performance occurs in circumstances that involve any person receiving payment, reward or other benefit (whether before or after the performance) in respect of the performance; and
(2)A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
(3)In this section— sexual performance means a live performance (whether in person or by an electronic communication within the meaning of the Electronic Transactions (Victoria) Act 2000) that is, or could reasonably be considered to be, for the sexual arousal or sexual gratification of any person.
1A defence applies to this offence—see section 49X.
2A mistaken but honest and reasonable belief that the sexual performance did not occur in circumstances that involved payment, reward or other benefit to any person is not a defence to this offence—see section 49ZC.