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Crimes Act 1961

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

134A: Defence to charge under section 134

You could also call this:

“The law explains when someone can defend themselves against a charge of having sexual contact with a young person”

If you are charged with a crime under section 134, you can defend yourself if you can prove three things. First, you took reasonable steps to find out if the young person was 16 or older before the act. Second, at the time of the act, you honestly believed the young person was 16 or older, and you had good reasons for this belief. Third, the young person agreed to the act.

However, it’s important to know that just because the young person agreed, it doesn’t automatically mean you’re not guilty. Also, simply believing the young person was 16 or older isn’t enough to defend yourself against the charge. You need to prove all three things mentioned earlier to use this defence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329217.

Topics:
Crime and justice > Criminal law
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Part 7 Crimes against morality and decency, sexual crimes, and crimes against public welfare
Sexual crimes

134ADefence to charge under section 134

  1. It is a defence to a charge under section 134 if the person charged proves that,—

  2. before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and
    1. at the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years; and
      1. the young person consented.

        1. Except to the extent provided in subsection (1),—

        2. it is not a defence to a charge under section 134 that the young person concerned consented; and
          1. it is not a defence to a charge under section 134 that the person charged believed that the young person concerned was of or over the age of 16 years.

            Notes
            • Section 134A: inserted, on , by section 7 of the Crimes Amendment Act 2005 (2005 No 41).