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Crimes Act 1961

Crimes against morality and decency, sexual crimes, and crimes against public welfare - Sexual offences outside New Zealand

144A: Sexual conduct with children and young people outside New Zealand

You could also call this:

“New Zealand citizens or residents can be punished for sexual acts with young people in other countries.”

If you are a New Zealand citizen or usually live in New Zealand, you can get in trouble for doing certain sexual things with young people, even if you do it outside of New Zealand. This law applies to different age groups:

For children under 12 years old, it’s against the law to have sexual contact with them, try to have sexual contact with them, or do indecent acts to them.

For young people under 16 years old, it’s against the law to have sexual contact with them, try to have sexual contact with them, or do indecent acts to them.

For anyone under 18 years old, it’s against the law to use them for prostitution.

If you break this law, you’ll get the same punishment as if you did these things in New Zealand. The same rules about starting court cases and charging someone with these crimes apply, even if it happened in another country.

There are some situations where you might have a defence against these charges, or where the young person involved might not be charged. These situations are the same as they would be if the act happened in New Zealand.

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 It might be out of date or be missing some parts.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=DLM329264.

Topics:
Crime and justice > Criminal law
Rights and equality > Anti-discrimination
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144AB: Party or accessory liability for sexual acts with children or young people outside New Zealand done by, or involving, foreigner principal parties, or

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Part 7 Crimes against morality and decency, sexual crimes, and crimes against public welfare
Sexual offences outside New Zealand

144ASexual conduct with children and young people outside New Zealand

  1. Every one commits an offence who, being a New Zealand citizen or ordinarily resident in New Zealand,—

  2. does outside New Zealand, with or on a child under the age of 12 years, an act to which subsection (2) applies; or
    1. does outside New Zealand, with or on a person under the age of 16 years, an act to which subsection (3) applies; or
      1. does outside New Zealand, with or on a person under the age of 18 years, an act to which subsection (4) applies.

        1. This subsection applies to an act that, if done in New Zealand, would be an offence against—

        2. section 132(1) (sexual connection with a child under 12); or
          1. section 132(2) (attempted sexual connection with a child under 12); or
            1. section 132(3) (doing an indecent act on a child under 12).

              1. This subsection applies to an act that, if done in New Zealand, would be an offence against—

              2. section 134(1) (sexual connection with a young person); or
                1. section 134(2) (attempted sexual connection with a young person); or
                  1. section 134(3) (doing an indecent act on a young person).

                    1. This subsection applies to an act that, if done in New Zealand, would be an offence against section 23(1) of the Prostitution Reform Act 2003 (breach of prohibitions on use in prostitution of persons under 18 years).

                    2. A person who commits an offence against this section in respect of a provision specified in any of subsections (2) to (4) is liable to the penalty to which he or she would be liable if convicted of an offence against the provision.

                    3. Every limiting provision that applied to a provision specified in any of subsections (2) to (4) when an offence against this section in respect of the provision specified is alleged to have been committed applies also to—

                    4. the commencement of proceedings for the offence; and
                      1. a charge under this section in respect of the provision specified.

                        1. In this section, limiting provision, in relation to a provision specified in any of subsections (2) to (4), means a provision of this Act or the Prostitution Reform Act 2003 that states (in relation to the provision specified only, or more generally)—

                        2. circumstances that constitute a defence to a charge under the provision specified; or
                          1. circumstances that do not constitute a defence to a charge under the provision specified; or
                            1. circumstances in which the person on or with whom an offence against the provision specified is committed may not be charged with an offence against that provision.

                              Notes
                              • Section 144A: replaced, on , by section 8 of the Crimes Amendment Act 2005 (2005 No 41).