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Crimes Act 1961

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

132: Sexual conduct with child under 12

You could also call this:

“The law punishes adults who do sexual things with children younger than 12 years old.”

If you have sexual connection with a child under 12 years old, you can go to prison for up to 14 years. If you try to have sexual connection with a child under 12, you can go to prison for up to 10 years. If you do an indecent act on a child under 12, you can also go to prison for up to 10 years.

It doesn’t matter if you thought the child was 12 or older. This is not a valid excuse, and you can still be charged. It also doesn’t matter if the child said it was okay. A child under 12 cannot give consent, so this is not a valid excuse either.

In this law, a child means anyone younger than 12 years old. Doing an indecent act on a child includes indecently assaulting them. This means touching them in a way that is not okay or appropriate.

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 It might be out of date or be missing some parts.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=DLM329203.

Topics:
Crime and justice > Criminal law
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131B: Meeting young person following sexual grooming, etc, or

“It's illegal for adults to meet or travel to meet someone under 16 for sexual reasons, even if they just talked online first.”

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133: Indecency with girl under 12, or

“A law that used to make it illegal to do inappropriate things with young girls has been removed.”

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

132Sexual conduct with child under 12

  1. Every one who has sexual connection with a child is liable to imprisonment for a term not exceeding 14 years.

  2. Every one who attempts to have sexual connection with a child is liable to imprisonment for a term not exceeding 10 years.

  3. Every one who does an indecent act on a child is liable to imprisonment for a term not exceeding 10 years.

  4. It is not a defence to a charge under this section that the person charged believed that the child was of or over the age of 12 years.

  5. It is not a defence to a charge under this section that the child consented.

  6. In this section,—

  7. child means a person under the age of 12 years; and
    1. doing an indecent act on a child includes indecently assaulting the child.

      Notes
      • Section 132: replaced, on , by section 7 of the Crimes Amendment Act 2005 (2005 No 41).