(1) A person (A) commits an offence if—
(a) A intentionally causes or allows another person (B) to take part in a sexual performance; and
(b) the sexual performance occurs in circumstances that involve any person receiving payment, reward or other benefit (whether before or after the performance) in respect of the performance; and
(c) B is a child under the age of 18 years.
(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
(3) In this section—
"sexual performance" means a live performance (whether in person or by an electronic communication within the meaning of the Electronic Transactions (Victoria) Act 2000 ) that is, or could reasonably be considered to be, for the sexual arousal or sexual gratification of any person.
1 A defence applies to this offence—see section 49X.
2 A mistaken but honest and reasonable belief that the sexual performance did not occur in circumstances that involved payment, reward or other benefit to any person is not a defence to this offence—see section 49ZC.
S. 49R inserted by No. 47/2016 s. 16.