Victorian Numbered Acts Victorian Numbered ActsAfter Subdivision (8F) of Division 1 of Part I of the Crimes Act 1958 insert —
(1) A person (A) must not cause or induce a child (B) to take part in commercial sexual services or to continue to take part in such services, whether B takes part as the person providing the services, as the client, or in any other capacity.
Penalty: Level 5 imprisonment (10 years maximum).
(2) In a proceeding for an offence against subsection (1)—
(a) it is not necessary for the prosecution to prove that A knew that B was a child; and
(b) it is a defence to the charge for A to prove that, having taken all reasonable steps to find out the age of B, A believed on reasonable grounds, at the time the offence is alleged to have been committed, that B was aged 18 years or more.
(1) A person (A) must not receive a commercial benefit, or payment or reward (including the supply of a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 ) knowing that it or any part of it has been derived, directly or indirectly, from commercial sexual services provided by a child (B).
Penalty: Level 4 imprisonment (15 years maximum).
(2) In a proceeding for an offence against subsection (1), if it is proved that A was residing, at the time the offence is alleged to have been committed, with B, a child who provides commercial sexual services, A is presumed to be guilty of the offence in the absence of proof to the contrary.
(3) In a proceeding for an offence against subsection (1)—
(a) it is not necessary for the prosecution to prove that A knew that B was a child; and
(b) it is a defence to the charge for A to prove that, having taken all reasonable steps to find out the age of B, A believed on reasonable grounds, at the time the offence is alleged to have been committed, that B was aged 18 years or more.
(1) A person (A) must not enter into or offer to enter into an agreement under which a child (B) is to provide commercial sexual services.
Penalty: Level 4 imprisonment (15 years maximum).
(2) In a proceeding for an offence against subsection (1)—
(a) it is not necessary for the prosecution to prove that A knew that B was a child; and
(b) if B was aged 16 years or more at the time the offence is alleged to have been committed, it is a defence to the charge for A to prove that, having taken all reasonable steps to find out the age of B, A believed on reasonable grounds, at the time the offence is alleged to have been committed, that B was aged 18 years or more.
(1) A person (A) who owns or occupies a premises, or who manages or assists in the management of a premises, must not allow a child (B) to enter or remain on the premises for the purpose of taking part in commercial sexual services, whether B is taking part as the person providing the services, as the client, or in any other capacity.
Penalty: Level 5 imprisonment (10 years maximum).
(2) In a proceeding for an offence against subsection (1)—
(a) it is not necessary for the prosecution to prove that A knew that B was a child; and
(b) it is a defence to the charge for A to prove that, having taken all reasonable steps to find out the age of B, A believed on reasonable grounds, at the time the offence is alleged to have been committed, that B was aged 18 years or more.
(3) In a proceeding for an offence against subsection (1), if it is proved that—
(a) at the time the offence is alleged to have been committed, the premises were being used for the provision of commercial sexual services; and
(b) B was on the premises for the purpose of taking part in commercial sexual services—
A is presumed to have allowed B to enter or remain on the premises for that purpose, unless A satisfies the court on the balance of probabilities that A did not know, and could not reasonably have known, at the time the offence is alleged to have been committed, that B was on the premises for that purpose.
A person (A) must not with intent to induce another person aged 18 years or more (B) to engage or continue to engage in commercial sexual services—
(a) assault or threaten to assault B or any other person; or
(b) intimidate B or any other person; or
(c) supply or offer to supply a drug of dependence (within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 ) to B or any other person; or
(d) make a false representation or use any false pretence or other fraudulent means.
Penalty: Level 5 imprisonment (10 years maximum).
A person (A) must not with intent to induce another person aged 18 years or more (B) to provide or continue to provide A with a commercial benefit, or payment or reward (including the supply of a drug of dependence with the meaning of the Drugs, Poisons and Controlled Substances Act 1981 ) derived, directly or indirectly, from commercial sexual services provided by B—
(a) assault or threaten to assault B or any other person; or
(b) intimidate B or any other person; or
(c) supply or offer to supply a drug of dependence (within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 ) to B or any other person.
Penalty: Level 5 imprisonment (10 years maximum).
A person (A) must not knowingly live wholly or in part on, or derive material benefit from, the earnings of commercial sexual services provided by another person (B) in circumstances that constitute an offence against section 53H(1), 53I(1), 53J(1), 53K(1), 53L or 53M.
Penalty: Level 6 imprisonment (5 years maximum).".