South Australian Current Acts South Australian Current Acts267AB—Recruiting etc child for criminal activity
(1) A prescribed adult
who takes any step to require, recruit or encourage a child—
(a) to
commit a major indictable offence; or
(b) to
engage in conduct that would, if undertaken by the prescribed adult,
constitute a major indictable offence; or
(c) to
engage in conduct that would, if undertaken by the prescribed adult,
constitute aiding, abetting, counselling or procuring the commission of a
major indictable offence,
is guilty of an offence.
Maximum penalty:
(a) in
the case where the relevant major indictable offence has a maximum penalty of
imprisonment for more than 15 years—that maximum penalty; or
(b) in
the case where the relevant major indictable offence has a maximum penalty of
imprisonment for not more than 15 years—imprisonment for
15 years.
(2) A prescribed adult
may be found guilty of an offence against this section—
(a)
whether or not the child does, in fact, engage in conduct, or agrees to
engage in conduct, that would constitute the relevant major indictable
offence; or
(b)
whether or not the child has been charged with, or found guilty of, the
relevant major indictable offence; or
(c)
whether the relevant major indictable offence is, or is to be, committed
within or outside this State.
(3) In this
section—
"child" means a person who is under the age of 18 years;
"criminal organisation" has the same meaning as in Part 3B Division 2;
"prescribed adult" means—
(a) a
member of a criminal organisation who is 18 years of age or more; or
(b) a
person who is 21 years of age or more.