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Offence title: |
Conduct of business involving sexual servitude |
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Act: |
80E Crimes Act (NSW) |
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Offence: |
(1) A person: (a) who conducts any business that involves the sexual servitude of other persons, and (b) who knows about, or is reckless as to, that sexual servitude, commits an offence. (2) A person commits an offence against this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. |
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Penalty: |
(1) Imprisonment for 15 years.
(2) Imprisonment for 20 years. |
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Summary/Indictable/mixed: |
Indictable |
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Jurisdiction: |
District or Supreme Court |
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How committed: |
(2) A person threatens his ex-girlfriend that unless she self manipulates with a sex toy, he will send pictures of her engaged in similar acts to her family members and the ex-girlfriend knows he has the pictures and believes he will carry out the threat.
(2A) A person, 18 year old male, threatens his 15 year old ex-girlfriend that unless she self manipulates with a sex toy, he will send pictures of her engaged in similar acts to her family members and the ex-girlfriends knows he has the pictures and believes he will carry out the threat.
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Important note: |
conducting a business includes: (a) taking any part in the management of the business, or (b) exercising control or direction over the business, or (c) providing finance for the business. s.80B Meaning of “sexual servitude” (1) sexual servitude is the condition of a person who provides sexual services and who, because of the use of force or threats: (a) is not free to cease providing sexual services, or (b) is not free to leave the place or area where the person provides sexual services.
sexual service means the commercial use or display of the body of the person providing the service for the sexual arousal or sexual gratification of others.
threat means: (a) a threat of force, or (b) a threat to cause a person’s deportation, or (c) a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of sexual services by a person. 80C Meaning of “circumstances of aggravation” circumstances of aggravation mean circumstances involving either or both of the following— (a) the alleged victim is under the age of 18 years, (b) the alleged victim has a cognitive impairment (within the meaning of Division 10).
80F Alternative verdicts If on the trial of a person for an offence under section 80D (2) or 80E (2) the jury is not satisfied that the accused is guilty of the offence charged but is satisfied on the evidence that the accused is guilty of an offence under section 80D (1) or 80E (1), respectively, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
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