Crimes (Indecency) Amendment Act 2015

1: Title
This Act is the Crimes (Indecency) Amendment Act 2015.
2: Commencement
This Act comes into force on the 28th day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Crimes Act 1961 principal Act 2015-05-07 Crimes Act 1961
4: Section 124 amended (Distribution or exhibition of indecent matter)
Replace section 124(5)
5: No private prosecution (as defined in section 5 of the Criminal Procedure Act 2011) for an offence against this section can be commenced without the Attorney-General's consent.
5: New section 124A inserted (Indecent communication with young person under 16)
After section 124
124A: Indecent communication with young person under 16
1: A person of or over the age of 16 years is liable to imprisonment for a term not exceeding 3 years if he or she intentionally exposes a person under the age of 16 years (the young person
2: A reference in subsection (1) to a person under the age of 16 years, or to the young person, includes a reference to a constable (as defined in section 2(1)) who pretends to be a person under the age of 16 years (the fictitious young person
3: It is a defence to a charge under subsection (1)
a: before communicating with the young person and exposing the young person to the indecent material, the person charged 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 of communicating with the young person and exposing the young person to the indecent material, the person charged believed on reasonable grounds that the young person was of or over the age of 16 years.
4: It is no defence to a charge under subsection (1)
a: that the person charged had no reasonable opportunity of knowing it; and
b: that in the circumstances the ignorance of the person charged was excusable.
5: No private prosecution (as defined in section 5 of the Criminal Procedure Act 2011) for an offence against this section can be commenced without the Attorney-General's consent. Sexual Offences (Scotland) Act 2009, s 24
6: New section 144AB inserted (Party or accessory liability for sexual acts with children or young people outside New Zealand done by, or involving, foreigner principal parties)
After section 144A
144AB: Party or accessory liability for sexual acts with children or young people outside New Zealand done by, or involving, foreigner principal parties
1: A New Zealander is a party under section 66, an accessory after the fact, or both, to a New Zealand sexual offence with a child or young person outside New Zealand if,—
a: a sexual act with a child or young person is done or to be done, outside New Zealand, by 1 or more principal parties who are foreigners; and
b: the New Zealander does, outside New Zealand, an act with, or in respect of, the act done or to be done by the 1 or more foreigners; and
c: had both acts been done in New Zealand, the New Zealander would be a party under section 66, an accessory after the fact, or both, to a sexual offence with a child or young person.
2: In this section,— accessory after the fact foreigner
a: is not a New Zealand citizen; and
b: is not a person ordinarily resident in New Zealand New Zealand sexual offence with a child or young person outside New Zealand New Zealander
a: is a New Zealand citizen; or
b: is a person ordinarily resident in New Zealand party under section 66 sexual act with a child or young person sexual offence with a child or young person
3: This section does not limit or affect section 69(3) or 144C (whether used with, or apart from, section 66). Criminal Code Act 1995 Division 272 (Aust); Sexual Offences Act 2003 s 72, Schedule 2 (UK)