New South Wales Consolidated Acts

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Incitement to commit sexual offence

80G Incitement to commit sexual offence

(1) A person who incites the commission of an offence under Division 10, 10A or 15A is guilty of an offence and is liable to the penalty provided for the commission of the offence.
(2) For the person to be guilty, the person must intend that the offence incited be committed.
(3) A person may be found guilty even if committing the offence incited is impossible.
(4) Any defences, procedures, limitations or qualifying provisions that apply to the offence incited also apply to an offence under this section.
(5) It is not an offence to incite the commission of the following offences--
(a) an offence under section 61KC, 61KD, 61KE, 61KF, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF or 73A that is constituted by inciting another person to sexual touching or a sexual act within the meaning of Division 10,
(b) an offence under section 66EB, 66EC, 78B or 80 or an offence under section 344A of attempting to commit an offence under Division 10, 10A or 15.

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