Under section 61N of the Crimes Act 1900 (NSW), it is an offence to commit an act of indecency. The maximum penalty for this offence varies depending on the age of the victim. Where the victim is under the age of 16 years, the maximum penalty is 2 years imprisonment. On the other hand, if the victim is over the age of 16 years, the maximum penalty is 18 months imprisonment.
In order to be convicted of this offence, the prosecution must prove beyond reasonable doubt that:
- You committed an act of indecency with or towards another person; or
- You incited a person to commit an act of indecency with or towards another person.
An indecent act is one which a right minded person would consider contrary to community standards of decency.
If any of the above elements are not proven beyond reasonable doubt then you will not be found guilty of murder.
However, if the above factors are proven beyond reasonable doubt, the charge can be defeated and you will be found not guilty if any of the following defenses can be established:
- Consent by the victim
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