Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_121b
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 121B
Character Range: 149088–151540

121B  Grooming a person for a child sex offence
 (1) A person (the defendant) commits an offence if:
 (a) the defendant engages in conduct in relation to a person (the groomed person); and
 (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and
 (c) the young person is someone:
 (i) who is under the age of 10 years; or
 (ii) who the defendant believes to be under the age of 10 years; and
 (d) the defendant is of or above the age of 18 years.
Penalty: Imprisonment for 15 years.
 (2) A person (the defendant) commits an offence if:
 (a) the defendant engages in conduct in relation to a person (the groomed person); and
 (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and
 (c) the young person is someone:
 (i) who is under the age of 16 years; or
 (ii) who the defendant believes to be under the age of 16 years; and
 (d) the defendant is of or above the age of 18 years.
Penalty: Imprisonment for 12 years.
 (3) Absolute liability applies to subparagraph (1)(c)(i), paragraph (1)(d), subparagraph (2)(c)(i) and paragraph (2)(d).
Note: For absolute liability, see section 24.
 (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.
 (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.
 (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 59.
 (7) It is not an offence to attempt to commit, or to incite the commission of, an offence against subsection (1) or (2).