New South Wales Consolidated Acts

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Meaning of "sexual act"

61HC Meaning of "sexual act"

(1) For the purposes of this Division,
"sexual act" means an act (other than sexual touching) carried out in circumstances where a reasonable person would consider the act to be sexual.
(1A) The continuation of a sexual act as defined in subsection (1) is also a
"sexual act" for the purposes of this Division.
(2) The matters to be taken into account in deciding whether a reasonable person would consider an act to be sexual include--
(a) whether the area of the body involved in the act is a person's genital area, anal area or breasts--
(i) whether or not the breasts are sexually developed, and
(ii) regardless of the person's gender or sex, or
(b) whether the person carrying out the act does so for the purpose of obtaining sexual arousal or sexual gratification, or
(c) whether any other aspect of the act (including the circumstances in which it is carried out) makes it sexual.
(3) An act carried out solely for proper medical or hygienic purposes is not a
"sexual act" for the purposes of this Division.

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