s49N Loitering near schools etc by a sexual offender

Loitering near schools etc by a sexual offender charges

Have you been charged with ‘loitering near schools etc by a sexual offender’?

Loitering near school etc by a sexual offender this is a very serious charge and carries a maximum custodial sentence. You need to get in touch with a criminal lawyer right away.

Some questions to discuss with a lawyer are: Were you previously found guilty of a relevant offence? There is a wide range of offences that are included as a ‘relevant offence’ and all contain a sexual component. Did you loiter at or near a school, children’s service centre or education and care service premises? Did you loiter at or near a public place that is regularly frequented by children when children were present?

A defence for this charge is found when you had a ‘reasonable excuse’ for loitering.

The Offence

Section 49N of the Crimes Act 1958

The prosecution must prove:

1. The defendant has been found guilty of a relevant sexual offence;
2. The defendant loiters at or near a place
3. The place is school, children’s service centre or education and care service premises, or a public place that is regularly frequented by children when children were present; and
4. The defendant knew that the place is a school, children’s service centre or education and care service premises, or a public place that is regularly frequented by children and that children were present.

The Maximum Penalty

Level 6 imprisonment, being a maximum of 5 years.

Where Will My Case Be Heard?

‘Loitering near schools etc. by sexual offender’ cases can only be heard in the County Court or the Supreme Court of Victoria.

Questions to Consider

Have you been frequenting a relevant place in a manner that might be seen as ‘loitering’? What was your purpose for being in that place?

What to do next?

The first step that you can do is to retain the services of a lawyer. A lawyer who can give you the advice and help that you need is a lawyer who has experience and expertise in this area. You want the court to hear your side of the story.

If you have been charged with ‘loitering near schools etc. by a sexual offender’ then you should call us straight away. 03 8644 7320

The Legislation

Section 49N Loitering near schools etc. by sexual offender

(1) A person (A) commits an offence if—

(a) A has been found guilty of a relevant offence; and

(b) A loiters at or near a place; and

(c) the place is—

(i) a school, a children’s service centre or an education and care service premises; or

(ii) a public place within the meaning of the Summary Offences Act 1966 regularly frequented by children and in which children are present at the time of the loitering; and

(d) A knows that the place is—

(i) a school, a children’s service centre or an education and care service premises; or

(ii) a public place within the meaning of the Summary Offences Act 1966 regularly frequented by children and in which children are present at the time of the loitering.

(2) A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).

(3) In this section—

“children’s services centre “means a place at which a children’s service within the meaning of the Children’s Services Act 1996 operates;

“education and care service premises “means a place at which an education and care service (other than a family day care service) within the meaning of the Education and Care Services National Law (Victoria) educates or cares for children;

“relevant offence” means—

(a) a sexual offence; or

(b) murder where there are reasonable grounds to believe that a sexual offence was also committed on the victim; or

(c) an offence against—

(i) section 5, 6, 7 or 11 of the Sex Work Act 1994; or

(ii) section 6, 7, 8 or 9 of the Prostitution Regulation Act 1986; or

(iii) section 59(1)(a) or (b) or 60 inserted in this Act on 1 March 1981 by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991; or

(iv) section 19 of the Summary Offences Act 1966; or

(v) any of the following provisions as in force at any time before its repeal—

(A) section 60A of the Classification of Films and Publications Act 1990;

(B) section 57A of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995;

(C) section 168A, 168B or 168C of the Police Offences Act 1958; or

(vi) a provision referred to in paragraphs (dam), (dama) or (dan) of clause 1 of Schedule 1 to the Sentencing Act 1991 or of attempting to commit an offence against a provision referred to in paragraph (dama); or

(vii)     section 51B(1), 51C(1), 51D(1), 51G(1) or 51H(1) or of attempting to commit an offence against section 51C(1);

“sexual offence” means—

(a) an offence against section 38(1), 39(1), 40(1), 41(1), 47(1), 48(1), 49A(1), 49B(1), 49C(1), 49D(1), 49E(1), 49F(1), 49G(1), 49H(1), 49I(1), 49J(1), 49O(1), 50C(1), 50D(1) or 50F(1); or

(b) an offence against a provision referred to in clause 7A, 7B, 8, 9, 10, 11A 11B, 11D(b), 11D(c), 11D(d), 11D(g), 11D(h), 11E, 11F or 12 of Schedule 8; or

(c) an offence against section 44(1), (2) or (4) (incest) as inserted in the Crimes Act 1958on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016; or

(d) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraph (a), (b) or (c).

(4) If A has at any time been found guilty of an offence against a law of another State or a Territory of the Commonwealth which creates an offence substantially similar to a sexual offence, that finding of guilt must be taken for the purposes of this section to be a finding of guilt of a sexual offence.

Note

An exception applies to this offence—see section 49ZB.

If you have been charges with a sex offence call our accredited criminal law specialists immediately 03 8644 7320