Other Sexual Offences Flashcards
(13 cards)
Sexual exploitation of person with significant impairment
Section / Penalty / Elements
CA61; S138
10 years
(3) If he or she—
(a) has sexual connection with the impaired person knowing that the impaired person is a person with a significant impairment; and
(b) has obtained the impaired person’s acquiescence in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment.
According to legislation, what is a ‘significant impairment’?
S138(6):
An intellectual, mental, or physical condition or impairment (or a combination of 2 or more intellectual, mental, or physical conditions or impairments) that affects a person to such an extent that it significantly impairs the person’s capacity—
(a) to understand the nature of sexual conduct; or
(b) to understand the nature of decisions about sexual conduct; or
(c) to foresee the consequences of decisions about sexual conduct; or
(d) to communicate decisions about sexual conduct.
Compelling indecent act with animal
Section / Penalty / Elements
CA61; 142A - Compelling indecent act with animal - 14 years
- Compels any other person
- By the actual or threatened application of force
- To that other person or some other person,
- To perform, or to submit to or acquiesce in,
- ny act of indecency with an animal, whether or not involving penetration.
Bestiality
Section / Penalty / Elements
CA61; S143(1) - Bestiality: 7 years
- Every one who
- Commits bestiality
**
(2) This offence is complete upon penetration
Indecency with animal
Section / Penalty / Elements
CA61; S144 - Indecency with animal - 3 years
- Every one who
- Commits any act of indecency with an animal.
Sexual conduct with children and young people outside New Zealand
Section / Penalty / Elements
CA61; S144A - Sexual conduct with children and young people outside NZ
Being a NZ citizen or ordinarily resident in NZ
Does outside NZ, with or on a child under the age of 12 years
SC with a child under 12 / ASC with a child under 12 / doing an IA on a child under 12; or
Does outside NZ, with or on a person under the age of 16 years
SC with a young person / ASC with a young person / doing an IA on a young person
S144A - Act committed outside NZ
Allows for the prosecution of a NZ citizen who commits an offence under S132 pursuant to S144A if the act was committed outside NZ.
S144B
Consent of Attorney-General
Section 144B:
(1) - No charging document may be filed without the consent of the Attorney-General
(2) - Can arrest etc but no other action can be taken until consent obtained.
Organising or promoting child sex tours
Section / Penalty / Elements
CA61; S144C - Organising or promoting child sex tours - 7 years:
- makes or organises any travel arrangements with intention of facilitating an offence against 144A
- transports any other person to a place outside New Zealand with intention of facilitating an offence against 144A
- prints or publishes any information that is intended to promote conduct against 144A
Under S144C, what do ‘travel arrangements’ include?
Travel arrangements includes:
- purchase or reservation of tickets for travel to a country outside New Zealand:
- purchase or reservation of accommodation in a country outside New Zealand:
Under S144C, what does the ‘publication of information mean?
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 / Penalty / Elements
216H Prohibition on making intimate visual recording
- Intentionally or recklessly
- Makes an intimate visual recording
- Of another person.
Intimate visual recording - required to be proved
- Must have made a recording that comes without the consent of the person being recorded.
- Intended to make such a recording or have been reckless as to every element of the definition.
