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:

"It's against the law to touch a child under 12 in a way that's not respectful or to have sexual connection with them."

If you have sexual connection with a child under 12, you can go to prison for up to 20 years. You can also go to prison if you try to have sexual connection with a child under 12, or if you do an indecent act on them. It does not matter if you thought the child was 12 or older, or if the child said it was okay. If you do something indecent to a child under 12, you can go to prison for up to 10 years. Doing an indecent act on a child includes touching them in a way that is not respectful. A child is someone who is under 12 years old. You can go to prison for up to 10 years if you try to have sexual connection with a child under 12. It is also against the law to do an indecent act on a child, and you can go to prison for up to 10 years for this. The law says that a child under 12 cannot agree to sexual connection, so it is not a defence to say that the child consented.

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This page was last updated on 6 December 2025

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 lawFamily and relationships > Children and parenting

131B: Meeting young person following sexual grooming, etc, or

"It's against the law to meet a young person under 16 if you plan to do something illegal with them."

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

132Sexual conduct with child under 12

Every one who has sexual connection with a child is liable to imprisonment for a term not exceeding 20 years.
Every one who attempts to have sexual connection with a child is liable to imprisonment for a term not exceeding 10 years.
Every one who does an indecent act on a child is liable to imprisonment for a term not exceeding 10 years.
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.
It is not a defence to a charge under this section that the child consented.
In this section,—
child—
1. means a person under the age of 12 years; and
2. for the purposes of subsection (1), includes person B (as described in section 128) if it cannot be established whether person B was under or over the age of 12 years; and
doing an indecent act on a child includes indecently assaulting the child.

Notes

Section 132: replaced, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).
Section 132(1): amended, on 30 October 2025, by section 5(1) of the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Act 2025 (2025 No 36).
Section 132(6)(a) child: replaced, on 30 October 2025, by section 5(2) of the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Act 2025 (2025 No 36).