Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p13
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 13/97)
Character Range: 1642462–1645180

no fault element for the physical element described in paragraph (a) of that subsection other than the fault elements (however described), if any, for the underlying offence; and
 (b) absolute liability applies to the physical element of circumstance of the offence that the child has a mental impairment; and
 (c) strict liability applies to the physical element of circumstance of the offence that the defendant is in a position of trust or authority in relation to the child, or the child is otherwise under the care, supervision or authority of the defendant.
Note 1: For absolute liability, see section 6.2.
Note 2: For strict liability, see section 6.1.
Note 3: For a defence based on belief that the child did not have a mental impairment, see section 474.29.

Impossibility of sexual activity taking place
 (8) A person may be found guilty of an offence against section 474.26, 474.27 or 474.27AA even if it is impossible for the sexual activity referred to in that section to take place.

Fictitious persons
 (9) For the purposes of sections 474.26, 474.27, 474.27AA and 474.27A, it does not matter that the recipient to whom the sender believes the sender is transmitting the communication is a fictitious person represented to the sender as a real person.
 (9A) For the purposes of an offence against section 474.27AA, it does not matter that the child is a fictitious person represented to the sender as a real person.

Attempt not offence
 (10) It is not an offence to attempt to commit an offence against section 474.26, 474.27 or 474.27AA.

474.29  Defences to offences against this Subdivision

Offences involving sexual activity—belief that child at least 16 years of age
 (1) It is a defence to a prosecution for an offence against section 474.25A if the defendant proves that, at the time the sexual activity was engaged in, he or she believed that the child was at least 16 years of age.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

Offences involving sexual activity with other participant—belief that participant under 18 years of age
 (2) It is a defence to a prosecution for an offence against subsection 474.25A(2) if the defendant proves that, at the time the sexual activity was engaged in, he or she believed that the participant was under 18 years of age.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

Aggravated offence involving sexual activity—belief that child did not have mental impairment
 (3) It is a defence to a prosecution for an offence against subsection 474.25B(1) (as that subsection applies because of subparagraph 474.25B(1)(b)(i)) if the defendant proves