Inviting or offering a sexual performance involving a child charges Melbourne, Victoria
Inciting or offering a sexual performance involving a child is a serious offence which carries a custodial sentence. You need to speak to a lawyer right away so that you can be sure you have the best available advice for your situation.
Have you been charged with inciting or offering a sexual performance involving a child?
Some questions to discuss with your lawyer are: what was the nature of activity that involved the alleged child victim? Did you give any person payment, reward or benefit to incite sexual activity? Did a sexual performance take place at all and if so who was involved? Why did this performance take place?
It is important to know what constitutes a sexual performance. In this charge a sexual performance is a live performance which is given either in person to the viewer or over the internet. It is a performance that is or could reasonably be considered to be performed for the sexual arousal of any person, whether the person be the audience or someone engaged in the performance.
An honest, mistaken belief that there was no payment, reward or benefit given regarding the sexual performance is not a defence to this charge.
If the child involved was older than 12 at the time of the alleged performance, and you reasonably believed them to be over 18 years of age then this is a defence. You will have to show why you believed this and steps you took to determine the child’s age.
The Offence
Section 49R of the Crimes Act 1958
The prosecution must prove:
- The defendant intentionally invited the alleged victim to take part in a sexual performance; or
- The defendant offered to a third person that the alleged victim will take part in a sexual performance; and
- The initiation or offer involves any person receiving a payment, reward or other benefit; and
- The alleged victim is under 18.
The Maximum Penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Inviting or offering a sexual performance involving a child cases can only be heard in the County Court or the Supreme Court.
Questions to Consider
Do you have a defence in relation to the defence mentioned above? Did the performance occur at all? If you are planning to plead guilty, what can you do to try to minimise your sentence?
What to Do Next?
This is a complicated and serious charge to face in court. This is the sort of charge that requires you get good advice from a sex offence lawyer who has the capacity and knowledge to advise on such matters.
If you have been charged with inviting or offering a sexual performance involving a child, then you should call us right away. 03 8644 7320
The Legislation
Section 49R Inviting or offering a sexual performance involving a child
(1) A person (A) commits an offence if—
(a) A intentionally—
(i) invites another person (B) to take part in a sexual performance; or
(ii) offers to a third person that B will take part in a sexual performance; and
(b) the invitation or offer involves any person receiving payment, reward or other benefit (whether before or after the performance) in respect of the performance; and
(c) B is a child under the age of 18 years.
(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
(3) In this section—
“sexual performance” means a live performance (whether in person or by an electronic communication within the meaning of the Electronic Transactions (Victoria) Act 2000) that is, or could reasonably be considered to be, for the sexual arousal or sexual gratification of any person.
Notes
1 A defence applies to this offence—see section 49X.
2 A mistaken but honest and reasonable belief that the invitation or offer did not involve payment, reward or other benefit to any person is not a defence to this offence—see section 49ZC.
