Have you been charged with Sexual Performance Involving a Minor?
Please be aware this section has now been repealed and the correct and current law exists under section s49Q of the Crimes Act 1958.
The new section was introduced by the Crimes Amendment (Sexual Offences) Act 2016 (No. 47 of 2016) and came into operation on 1 July 2017.
This means that where the offence date predates 1 July 2017, the prosecution must proceed under the old section. The old section is s70AC of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.
There are a number of things to consider if you have been charged with this offence.
Can the prosecution make out their case? Did you invite or cause a minor to be in any way concerned in a sexual performance? Did you offer the minor, or another person, payment or reward for the performance? Did you act alone?
Consult a specialist criminal lawyer before proceeding further, as this charge takes into account a range of different conducts.
See below for further information on Sexual Performance Involving a Minor.
The offence
Section 70AC of the Crimes Act 1958.
The prosecution must prove the defendant:
invited a minor to be in any way concerned in a sexual performance; or
procured a minor for the purpose of being in any way concerned in a sexual performance; or
caused a minor to be in any way concerned in a sexual performance; or
offered a minor to be in any way concerned in a sexual performance
in circumstances where there was payment or reward given to the minor or another person.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Sexual Performance Involving a Minor cases will usually be heard in the County Court of Victoria.
Questions to consider
Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult an experienced criminal lawyer urgently. The more time your lawyer has to prepare your case, the greater the chance of a positive outcome.
If you have been charged with Sexual Performance Involving a Minor make an appointment to see a specialist in criminal law today.
The legislation
70AC Sexual performance involving a minor
A person must not—
(a) invite a minor to be in any way concerned in a sexual performance; or
(b) procure a minor for the purpose of being in any way concerned in a sexual performance; or
(c) cause a minor to be in any way concerned in a sexual performance; or
(d) offer a minor to be in any way concerned in a sexual performance—
in circumstances where there is payment or reward to the minor or to any other person in respect of the performance.
Penalty: Level 5 imprisonment (10 years maximum).
