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Crimes Act 1961

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

131: Sexual conduct with dependent family member

You could also call this:

“It is against the law to do sexual things with a young family member who depends on you.”

You are not allowed to have sexual connection with a family member who depends on you if they are under 18 years old. If you do this, you could go to jail for up to 7 years.

You also can’t try to have sexual connection with a dependent family member under 18. This could also result in up to 7 years in jail.

If you do an indecent act on a dependent family member under 18, you could go to jail for up to 3 years.

The dependent family member can’t be charged as part of the crime.

It doesn’t matter if the dependent family member said it was okay. This is not a valid excuse, and you can still be charged with the crime.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329085.

Topics:
Crime and justice > Criminal law
Family and relationships > Children and parenting
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130: Incest, or

“Having sex with a close family member is against the law and can result in punishment.”

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131A: Dependent family member defined, or

“This explains who counts as a family member you depend on and who has power over you.”

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

131Sexual conduct with dependent family member

  1. Every one is liable to imprisonment for a term not exceeding 7 years who has sexual connection with a dependent family member under the age of 18 years.

  2. Every one is liable to imprisonment for a term not exceeding 7 years who attempts to have sexual connection with a dependent family member under the age of 18 years.

  3. Every one is liable to imprisonment for a term not exceeding 3 years who does an indecent act on a dependent family member under the age of 18 years.

  4. The dependent family member cannot be charged as a party to the offence.

  5. It is not a defence to a charge under this section that the dependent family member consented.

Notes
  • Section 131: replaced, on , by section 7 of the Crimes Amendment Act 2005 (2005 No 41).