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CIB Module 007 - Sex Offences 2020 > Liabilities > Flashcards

Flashcards in Liabilities Deck (21)
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1

Sexual Violation by Rape (Section, Subsection, Act, Penalty, Elements)

Sexual Violation by Rape 128(1)(a), Crimes Act 1961 20 years A Person Rapes Another Person

2

Sexual Violation by Unlawful Sexual Connection (Section, Subsection, Act, Penalty, Elements)

Sexual Violation by Unlawful Sexual Connection 128(1)(b), Crimes Act 1961 20 years A Person Has Unlawful Sexual Connection With another Person

3

Attempted Sexual Violation (Section, Subsection, Act, Penalty, Elements)

4

Assault with Intent to Commit Sexual Violation *

Crimes Act 1961, S.129(2) 10 years imprisonment 1. A person 2. Assaults another person 3. With intent to commit sexual violation 4. Of the other person

5

Sexual Connection with a Child Under 12 (Section, Subsection, Act, Penalty, Elements)

Sexual Connection with a Child Under 12 Section 132(1), Crimes Act 1961 14 years Everyone Has Sexual Connection with a Child

6

Attempted Sexual Connection with a Child Under 12 (Section, Subsection, Act, Penalty, Elements)

Attempted Sexual Connection with a Child Under 12 Section 132(2), Crimes Act 1961 10 years Everyone Attempts to have Sexual Connection with a Child

7

Does an Indecent Act on a Child Under 12 (Section, Subsection, Act, Penalty, Elements)

Does an Indecent Act on a Child Under 12 Section 132(3), Crimes Act 1961 10 years Everyone Does an Indecent Act On a child

8

Sexual Connection with a Young Person Under 16 (Section, Subsection, Act, Penalty, Elements)

Sexual Connection with a Young Person Under 16 Section 134(1), Crimes Act 1961 10 years Everyone Has Sexual Connection With a Young Person

9

Attempted Sexual Connection with a Young Person Under 16 (Section, Subsection, Act, Penalty, Elements)

Attempted Sexual Connection with a Young Person Under 16 Section 134(2), Crimes Act 1961 10 years Everyone Attempts to have Sexual Connection With a Young Person

10

Does an Indecent Act on a Young Person Under 16 (Section, Subsection, Act, Penalty, Elements)

Does an Indecent Act on a Young Person Under 16 Section 134(3), Crimes Act 1961 7 years Everyone Does an indecent Act On a Young Person

11

Indecent Assault (Section, Subsection, Act, Penalty, Elements)

Indecent Assault Section 135, Crimes Act 1961 7 years Everyone Indecently Assaults Another Person

12

Incest (Section, subsection, Act, Penalty and Elements)

Crimes Act 1961, Section 130 (16yrs or over - 10 years imprisonment) 1) Sexual connection is incest if a) it is between two people whose relationship is that of Parent and Child, Siblings, Half-siblings, or Grandparent and Grandchild, AND b) the person charged knows of the relationship.

13

Sexual Connection with Dependent Family Member 

Sexual Conduct with a Dependant Family Member, Section 131(1), CA61, 7yrs

Everyone who

Has sexual connection

With a dependant family member under the age of 18 years.

14

Attempted Sexual Connection with a dependant family member (under 18yrs) (Section, Subsection, Act, Penalty, Elements)

Sexual Conduct with a dependent family member 131(2), CA61, 7 years

Everyone who

attempts to have sexual connection

with a dependant family member under the age of 18 years.

15

Indecent Act on a Dependent Family member

.S131 CA61

Sexual connection/ Attempts Sexual Connection and Indecent Act with a dependent family member under the age of 18 years. Of note -The dependent family member cannot be charged as a party to the offence. -It is not a defence to a charge under this section that the dependent family member consented.

16

Meeting a Young Person for Sexual Grooming (Section, Subsection, Act, Penalty, Elements)

Meeting a Young Person for Sexual Grooming, S131B(1) CA61, 7yrs 

Every person is liable to imprisonment for a term not exceeding 7 years if,—

(a) having met or communicated with a person under the age of 16 years (the young person) on an earlier occasion, he or she takes one of the following actions: (i) intentionally meets the young person: (ii) travels with the intention of meeting the young person: (iii) arranges for or persuades the young person to travel with the intention of meeting him or her; and (b) at the time of taking the action, he or she intends— (i) to take in respect of the young person an action that, if taken in New Zealand, would be an offence against this Part, or against any of paragraphs (a)(i), (d)(i), (e)(i), (f)(i), of section 98AA(1); or (ii) that the young person should do on him or her an act the doing of which would, if he or she permitted it to be done in New Zealand, be an offence against this Part on his or her part.

17

Exploitative Sexual Connection with a person with significant impairment (Section, Subsection, Act, Penalty, Elements)

Sexual Exploitation of person with Significant Impairment, S138(1), CA61, 10yrs

Everyone who has exploitative sexual connection with a person with significant impairment

18

Attempted exploitative sexual connection with a person with significant impairment

Sexual Exploitation of person with SIgnificant Impairment, S138(2), CA 61, 10yrs

everyone who attempts to have exploitative sexual connection with a person with significant impairment

19

Indecent Act on person with significant impairment

Sexual Exploitation of Person with Significant Impairment, S138(4), CA61, 5yrs

Everyone who does an indecent act on a person with significant impairment

20

Sexual Conduct with Children and Young Person outside NZ

Sexual Conduct with Children and Young Person outside NZ, S144A, CA61.

Everyone commits an offence who, being a NZ Citizen or ordinary resident in NZ, does outside NZ, "commits an offence against s132 or s134 is liable to the penality.

S144B Can only be charged with the consent of the Attorney-General

21

Sexual Conduct with Consent induced by Certain Threats

Sexual Conduct with Consent induced by Certain Threats, S129A

(1) Everyone who, has sexual connection with another person knowing thathte other person has been induced to consent to the connection by threats. (14yrs)

(2) Everyone who, does an indecent act on another person knowing thathte other person has been induced to consent to the connection by threats. (5yrs)

* Threats - a threat that someone will commit an offence punishable by imprisonment but does not involve actual or threatened application of force.

- accusation or disclosure (whether true or not) about misconduct by any person (dead or alive) that is likely to seriously damage either persons reputation.

-improper use to the detriment of the person consenting, of a power or authority arising out of an occupational or vocational poisition, or a commercial relationship.