More Other Sexual Offences Flashcards
Sexual conduct by coercion
Section 129A, Crimes Act 1961
Sexual conduct with consent induced by certain threats
(1) Every one who has sexual connection with another person knowing that the other person has been induced to consent to the connection by threat is liable to imprisonment for a term not exceeding 14 years.
(2) Every one who does an indecent act on another person knowing that the other person has been induced to consent to the act by threat is liable to imprisonment for a term not exceeding 5 years.
(3) For the purposes of subsection (1), a person who has sexual connection with another person knows that the other person has been induced to consent to the sexual connection by threat if (and only if) he or she knows that the other person has been induced to consent to the sexual connection by an express or implied threat of a kind described in subsection (5).
(4) For the purposes of subsection (2),—
(a) a person who does an indecent act on another person knows that the other person has been induced to consent to the act by threat if (and only if) he or she knows that the other person has been induced to consent to the act by an express or implied threat of a kind described in subsection (5); and
(b) a person is induced to consent to an indecent act whether—
(i) he or she is induced to consent to the doing of an indecent act with or on him or her; or
(ii) he or she is induced to consent to do an indecent act himself or herself.
(5) The kinds of threat referred to in subsections (3) and (4)(a) are—
(a) a threat that the person making the threat or some other person will commit an offence that—
(i) is punishable by imprisonment; but
(ii) does not involve the actual or threatened application of force to any person; and
(b) a threat that the person making the threat or some other person will make an accusation or disclosure (whether true or false) about misconduct by any person (whether living or dead) that is likely to damage seriously the reputation of the person against or about whom the accusation or disclosure is made; and
(c) a threat that the person making the threat will make improper use, to the detriment of the person consenting, of a power or authority arising out of—
(i) an occupational or vocational position held by the person making the threat; or
(ii) a commercial relationship existing between the person making the threat and the person consenting.
Meeting young person following grooming
(1) 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.
(1A) A reference in this section to a young person under the age of 16 years or the young person includes a reference to a constable who pretends to be a young person under the age of 16 years (the fictitious young person) if the offender, when taking any of the actions described in subsection (1), believed that the fictitious young person was a young person under the age of 16 years.
(2) It is a defence to a charge under subsection (1) if the person charged proves that,—
(a) before the time he or she took the action concerned, he or she 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 he or she took the action concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years.
Offence directed at ‘grooming’ via electronic means
This offence is directed primarily at “grooming” via the internet and includes text messaging and other forms of electronic communication. The section does not criminalise grooming per se — not least because grooming can take on an almost infinite number of guises.
When offence is complete
The offence is complete when the parties meet, or the defendant travels or makes arrangements to meet the complainant with the relevant intent. To be intentional the meeting need only be “purposely arranged”. This section is framed in gender-neutral terms.
Now includes a constable pretending to be a young person
Prior to 19 March 2012, the offence outlined in section 131B of the Act was not wide enough to include situations where the offender believes he or she is sexually grooming a young person but has in fact been in communication with a constable acting covertly.
The addition of the new subsection (1A) ensures a reference in section 131B to a young person also includes a constable who pretends to be a young person under the age of 16. The prosecution must prove the offender (when taking any of the actions in subsection (1)) believed the fictitious young person was a young person under the age of 16 years.
Organising child sex tours
Section 144C, Crimes Act 1961
(1) Every one is liable to imprisonment for a term not exceeding 7 years who—
(a) Makes or organises any travel arrangements for or on behalf of any other person with the intention of facilitating the commission by that other person of an offence against section 144A of this Act, whether or not such an offence is actually committed by that other person; or
(b) Transports any other person to a place outside New Zealand with the intention of facilitating the commission by that other person of an offence against section 144A of this Act, whether or not such an offence is actually committed by that other person; or
(c) Prints or publishes any information that is intended to promote conduct that would constitute an offence against section 144A of this Act, or to assist any other person to engage in such conduct.
(2) For the purposes of this section,—
(a) The making or organising of travel arrangements includes, but is not limited to,—
(i) The purchase or reservation of tickets for travel to a country outside New Zealand:
(ii) The purchase or reservation of accommodation in a country outside New Zealand:
(b) The publication of information means publication of information by any means, whether by written, electronic, or other form of communication; and includes the distribution of information.
Prohibition on making intimate visual recording
Section 216H Crimes Act 1961
Everyone is liable to imprisonment for a term not exceeding 3 years who intentionally or recklessly makes an intimate visual recording of another person.
What is required to be proved
Due to the availability of recording devices, this type of offence is becoming more common.
The defendant must not only have made a recording that comes within the definition in s216G – which requires an absence of consent – but also have intended to make such a recording or have been reckless as to every element of the definition.
