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Act index » Part I - Offences » Division 1 - Offences against the person » Subdivision (8FAA) - Commercial sexual services
53K Allowing a child to take part in commercial sexual services
(1)A person (A) who owns or occupies a premises, or who manages or assists in the management of a premises, must not allow a child (B) to enter or remain on the premises for the purpose of taking part in commercial sexual services, whether B is taking part as the person providing the services, as the client, or in any other capacity. Penalty: Level 5 imprisonment (10 years maximum).
(2)In a proceeding for an offence against subsection (1)—
(a)it is not necessary for the prosecution to prove that A knew that B was a child; and
(b)it is a defence to the charge for A to prove that, having taken all reasonable steps to find out the age of B, A believed on reasonable grounds, at the time the offence is alleged to have been committed, that B was aged 18 years or more.
(3)In a proceeding for an offence against subsection
(1), if it is proved that— A is presumed to have allowed B to enter or remain on the premises for that purpose, unless A satisfies the court on the balance of probabilities that A did not know, and could not reasonably have known, at the time the offence is alleged to have been committed, that B was on the premises for that purpose.
(a)at the time the offence is alleged to have been committed, the premises were being used for the provision of commercial sexual services; and