South Australian Numbered Acts

STATUTES AMENDMENT (CHILD SEX OFFENCES) ACT 2022 (NO 9 OF 2022) - SECT 20

20—Amendment of section 71—Home detention orders

Section 71—after subsection (6) insert:

        (6a)         If—

            (a)         the defendant commits an offence under section 63B(3) of the Criminal Law Consolidation Act 1935

; and

            (b)         by reason of that offence, the defendant is taken to have committed a serious sexual offence or a prescribed serious sexual offence for the purposes of this section; and

            (c)         the victim of the offence is a fictitious person represented to the defendant as a real person,

the court may, in considering the circumstances of the offending for the purposes of subsection (6)(b) in relation to the victim's age and the age difference between the defendant and the victim, take into consideration the age that the defendant believed the victim to be at the time of the offence.