Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in generalChapter 22 Offences against morality[s 229]229 Knowledge of age immaterialExcept as otherwise expressly stated, it is immaterial, in thecase of any of the offences defined in this chapter committedwith respect to a person under a specified age, that the accusedperson did not know that the person was under that age, orbelieved that the person was not under that age.229B Maintaining a sexual relationship with a child(1) Any adult who maintains an unlawful sexual relationship witha child under the prescribed age commits a crime.Maximum penalty—life imprisonment.(2) An unlawful sexual relationship is a relationship that involvesmore than 1 unlawful sexual act over any period.(3) For an adult to be convicted of the offence of maintaining anunlawful sexual relationship with a child, all the members ofthe jury must be satisfied beyond reasonable doubt that theevidence establishes that an unlawful sexual relationship withthe child involving unlawful sexual acts existed.(4) However, in relation to the unlawful sexual acts involved in anunlawful sexual relationship—(a) the prosecution is not required to allege the particularsof any unlawful sexual act that would be necessary if theact were charged as a separate offence; and(b) the jury is not required to be satisfied of the particularsof any unlawful sexual act that it would have to besatisfied of if the act were charged as a separate offence;and(c) all the members of the jury are not required to besatisfied about the same unlawful sexual acts.(5) If the child was at least 12 years when the crime was allegedto have been committed, it is a defence to prove the adultbelieved on reasonable grounds the child was at least theprescribed age.Current as at 1 December 2014 Page 143