Aggravated sexual act

Offence title:

Aggravated sexual act

Act:

61KF Crimes Act (NSW)

Offence:

A person who without the consent of another person and knowing that the alleged victim does not consent and in circumstances of aggravation intentionally:

(a)   carries out a sexual act with or towards the alleged victim, or

(b)   incites the alleged victim to carry out a sexual act with or towards the alleged offender, or

(c)    incites a third person to carry out a sexual act with or towards the alleged victim, or

(d)   incites the alleged victim to carry out a sexual act with or towards a third person,

commits an offence.

[NOTE: circumstances of aggravation mean circumstances in which:

(a)   the alleged offender is in the company of another person or persons, or

(b)   the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or

(c)    the alleged victim has a serious physical disability, or

(d)   the alleged victim has a cognitive impairment.]

Penalty:

Imprisonment for 3 years.

Summary/Indictable/mixed:

Mixed

Jurisdiction:

Local, District or Supreme Court

How committed:

A school teacher masturbates in front of a student.

Important note:

Sexual act is defined is 61HC(1) For the purposes of this Division, sexual act means an act (other than sexual touching) carried out in circumstances where a reasonable person would consider the act to be sexual. Ss.(2) goes onto describe circumstances to consider.