Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in generalChapter 22 Offences against morality[s 210](i) his or her lineal descendant; or(ii) under his or her guardianship or care.(2A) For an offence defined in subsection (1)(a) or (b) other than anattempt, the offender is liable to imprisonment for life if theoffence is committed in respect of a child who is a person withan impairment of the mind.(3) For an offence defined in subsection (1)(a) or (b) alleged tohave been committed in respect of a child who is 12 years ormore, it is a defence to prove that the accused person believed,on reasonable grounds, that the person in respect of whom theoffence was committed was 18 years or more.(4) It is a defence to a charge of an offence defined in subsection(1)(c) or (d) to prove—(a) that the accused person believed on reasonable groundsthat the person was not a person with an impairment ofthe mind; or(b) that the act that was the offence did not, in thecircumstances, constitute sexual exploitation of theperson with an impairment of the mind.(5) For an offence defined in subsection (1)(a) or (b) alleged tohave been committed with the circumstance of aggravationmentioned in subsection (2A), it is a defence to thecircumstance of aggravation to prove that the accused personbelieved on reasonable grounds that the child was not a personwith an impairment of the mind.210 Indecent treatment of children under 16(1) Any person who—(a) unlawfully and indecently deals with a child under theage of 16 years; or(b) unlawfully procures a child under the age of 16 years tocommit an indecent act; orPage 118 Current as at 1 December 2014