Victorian Current Acts

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CRIMES ACT 1958 - SECT 51I

Assisting a person to avoid apprehension

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

        (a)     A intentionally provides information to another person (B); and

        (b)     A intends that B use the information for the purpose of avoiding or reducing the likelihood of apprehension for an offence committed by B against section 51B(1), 51C(1), 51D(1), 51E(1), 51F(1), 51G(1) or 51H(1).

Examples

1     A provides information to B about how to use a website to deal with child abuse material anonymously or how to encrypt electronic material containing child abuse material.

2     A provides information to B about how to delete electronic material that records information about B's identity.

    (2)     A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).

    (3)     It is not necessary to prove—

        (a)     the identity of the person to whom the information was provided; or

        (b)     that the information was actually used by the other person.

    (4)     It is immaterial that some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria, so long as the other person was in Victoria at the time at which that conduct occurred.

    (5)     It is immaterial that the other person was outside Victoria at the time at which some or all of the conduct constituting an offence against subsection (1) occurred, so long as that conduct occurred in Victoria.

    (6)     For the purposes of subsections (4) and (5), information is provided by A to B at the place where A is at the time of giving that information irrespective of where B is at the time of receiving that information.

Note

A mistaken but honest and reasonable belief that reasonable persons would not regard the child abuse material as offensive is not a defence to this offence—see section 51U.

S. 51J inserted by No. 47/2016 s. 16.



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