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CRIMES ACT 1958 - SECT 49N

Loitering near schools etc. by sexual offender

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

        (a)     A has been found guilty of a relevant offence; and

        (b)     A loiters at or near a place; and

        (c)     the place is—

              (i)     a school, a children's service centre or an education and care service premises; or

              (ii)     a public place within the meaning of the Summary Offences Act 1966 regularly frequented by children and in which children are present at the time of the loitering; and

        (d)     A knows that the place is—

              (i)     a school, a children's service centre or an education and care service premises; or

              (ii)     a public place within the meaning of the Summary Offences Act 1966 regularly frequented by children and in which children are present at the time of the loitering.

    (2)     A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).

    (3)     In this section—

"children's services centre "means a place at which a children's service within the meaning of the Children's Services Act 1996 operates;

"education and care service premises "means a place at which an education and care service (other than a family day care service) within the meaning of the Education and Care Services National Law (Victoria) educates or cares for children;

"relevant offence" means—

        (a)     a sexual offence; or

        (b)     murder where there are reasonable grounds to believe that a sexual offence was also committed on the victim; or

        (c)     an offence against—

              (i)     section 5, 6, 7 or 11 of the Sex Work Act 1994 ; or

              (ii)     section 6, 7, 8 or 9 of the Prostitution Regulation Act 1986 ; or

              (iii)     section 59(1)(a) or (b) or 60 inserted in this Act on 1 March 1981 by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 ; or

              (iv)     section 19 of the Summary Offences Act 1966 ; or

              (v)     any of the following provisions as in force at any time before its repeal—

    (A)     section 60A of the Classification of Films and Publications Act 1990 ;

    (B)     section 57A of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 ;

    (C)     section 168A, 168B or 168C of the Police Offences Act 1958 ; or

              (vi)     a provision referred to in paragraphs (dam), (dama) or (dan) of clause 1 of Schedule 1 to the Sentencing Act 1991 or of attempting to commit an offence against a provision referred to in paragraph (dama); or

              (vii)     section 51B(1), 51C(1), 51D(1), 51G(1) or 51H(1) or of attempting to commit an offence against section 51C(1);

"sexual offence" means—

        (a)     an offence against section 38(1), 39(1), 40(1), 41(1), 47(1), 48(1), 49A(1), 49B(1), 49C(1), 49D(1), 49E(1), 49F(1), 49G(1), 49H(1), 49I(1), 49J(1), 49O(1), 50C(1), 50D(1) or 50F(1); or

        (b)     an offence against a provision referred to in clause 7A, 7B, 8, 9, 10, 11A 11B, 11D(b), 11D(c), 11D(d), 11D(g), 11D(h), 11E, 11F or 12 of Schedule 8; or

        (c)     an offence against section 44(1), (2) or (4) (incest) as inserted in the Crimes   Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016 ; or

        (d)     an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraph (a), (b) or (c).

    (4)     If A has at any time been found guilty of an offence against a law of another State or a Territory of the Commonwealth which creates an offence substantially similar to a sexual offence, that finding of guilt must be taken for the purposes of this section to be a finding of guilt of a sexual offence.

Note

An exception applies to this offence—see section 49ZB.

S. 49O inserted by No. 47/2016 s. 16.



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