Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p253
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 253/268)
Character Range: 1012798–1015470

or
 (b) taking advantage of a coercive environment.
 (4) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature.

268.88  War crime—using, conscripting or enlisting children

National armed forces
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator uses one or more persons to participate actively in hostilities as members of the national armed forces; and
 (b) the person or persons are under the age of 15 years; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 17 years.
 (2) A person (the perpetrator) commits an offence if:
 (a) the perpetrator conscripts one or more persons into the national armed forces; and
 (b) the person or persons are under the age of 15 years; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 15 years.
 (3) A person (the perpetrator) commits an offence if:
 (a) the perpetrator enlists one or more persons into the national armed forces; and
 (b) the person or persons are under the age of 15 years; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 10 years.

Other armed forces and groups
 (4) A person (the perpetrator) commits an offence if:
 (a) the perpetrator uses one or more persons to participate actively in hostilities other than as members of the national armed forces; and
 (b) the person or persons are under the age of 18 years; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 17 years.
 (5) A person (the perpetrator) commits an offence if:
 (a) the perpetrator conscripts one or more persons into an armed force or group other than the national armed forces; and
 (b) the person or persons are under the age of 18 years; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 15 years.
 (6) A person (the perpetrator) commits an offence if:
 (a) the perpetrator enlists one or more persons into an armed force or group other than the national armed forces; and
 (b) the person or persons are