Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against morality and decency, sexual crimes, and crimes against public welfare - Sexual crimes

128B: Sexual violation

You could also call this:

"Harming someone in a sexual way can lead to a prison sentence."

Illustration for Crimes Act 1961

If you commit sexual violation, you can go to prison for up to 20 years. You will usually go to prison if you are found guilty of sexual violation. The court will think about your situation and the circumstances of the offence before deciding. If the person affected by the offence is under 12 years old, or if it's not clear how old they were, this section does not apply. You can read more about this in section 128. The court will consider the circumstances of the offence and your situation when deciding what to do.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329064.

This page was last updated on — View changes

Topics:
Crime and justice > Criminal law
Previous

128A: Allowing sexual activity does not amount to consent in some circumstances, or

"Even if someone doesn't say "no" or fight back, they might not be agreeing to do sexual things."

Next

129: Attempted sexual violation and assault with intent to commit sexual violation, or

"This law explains what happens if someone tries to sexually attack you or plans to do it."

Part 7Crimes against morality and decency, sexual crimes, and crimes against public welfare
Sexual crimes

128BSexual violation

  1. Every one who commits sexual violation is liable to imprisonment for a term not exceeding 20 years.

  2. A person convicted of sexual violation must be sentenced to imprisonment unless, having regard to the matters stated in subsection (3), the court thinks that the person should not be sentenced to imprisonment.

  3. The matters are—

  4. the particular circumstances of the person convicted; and
    1. the particular circumstances of the offence, including the nature of the conduct constituting it.

      1. This section does not apply if—

      2. person B (as described in section 128) is under the age of 12 years; or
        1. it cannot be established whether person B was under or over the age of 12 years.

          Notes
          • Section 128B: replaced, on , by section 7 of the Crimes Amendment Act 2005 (2005 No 41).
          • Section 128B(4): inserted, on , by section 4 of the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Act 2025 (2025 No 36).