(1) A person (A) commits an offence if—
(a) A is 18 years of age or more; and
(b) A encourages another person (B) to engage in, or be involved in, an activity; and
(c) the activity is sexual; and
(d) B is—
(i) a child aged 16 or 17 years; and
(ii) under A's care, supervision or authority; and
(e) A seeks or gets sexual arousal or sexual gratification from—
(i) the encouragement; or
(ii) the sexual activity that is encouraged.
(2) A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).
(3) For the purposes of subsection (1) encouraging may be done—
(a) in person; or
(b) by means of an electronic communication within the meaning of the Electronic Transactions (Victoria) Act 2000 .
(4) It is not necessary to prove—
(a) that B in fact engaged in, or was involved in, the sexual activity that was encouraged; or
(b) that any sexual activity that B engaged in, or was involved in, was the same activity that was encouraged; or
(c) if B in fact engaged in, or was involved in, sexual activity (whether or not the same activity that was encouraged)—that A was present during that activity.
(5) Despite anything to the contrary in Division 12, it is not an offence for a person to attempt to commit an offence against subsection (1).
(6) It is immaterial that some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria, so long as B was in Victoria at the time at which that conduct occurred.
(7) It is immaterial that B was outside Victoria at the time at which some or all of the conduct constituting an offence against subsection (1) occurred, so long as A was in Victoria at the time at which that conduct occurred.
(8) In this section—
"encourage" includes suggest, request, urge and demand.
1 An exception applies to this offence—see section 49Y.
2 Defences apply to this offence—see sections 49X, 49Z and 49ZA.
3 A mistaken but honest and reasonable belief that the activity was not sexual is not a defence to this offence—see section 49ZC.
S. 49M inserted by No. 47/2016 s. 16.