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Crimes Act 1961

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

131AB: Grooming for sexual conduct with young person

You could also call this:

“An adult who tries to make friends with a child under 16 to do sexual things with them is breaking the law.”

If you are 18 years or older, you can go to prison for up to 3 years if you talk to or act in a way with someone under 16 years old that is meant to help them do something sexual that is against the law. This includes trying to get them involved in human trafficking. It doesn’t matter if the young person replies to you or not.

If you think you’re talking to someone under 16, but it’s actually a police officer pretending to be young, you can still be charged with this crime.

You can defend yourself against this charge if you can prove two things: First, that you tried hard to find out if the person was 16 or older before you talked to them. Second, that when you talked to them, you really believed they were 16 or older, and you had good reasons for thinking that.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS834883.

Topics:
Crime and justice > Criminal law
Family and relationships > Children and parenting
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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.”

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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.”

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

131ABGrooming for sexual conduct with young person

  1. A person aged 18 years or over is liable to imprisonment for a term not exceeding 3 years, if—

  2. they communicate by words or conduct with a person under the age of 16 years (the young person); and
    1. they do so intending to facilitate the young person engaging or being involved in conduct that would be an offence against this Part, or against any of paragraphs (a)(i), (d)(i), (e)(i), or (f)(i) of section 98AA(1).

      1. It is immaterial whether or not a response is made to the communication by the young person.

      2. A reference in this section to a young person under the age of 16 years or the young person includes a reference to a constable who pretends to be a young person under the age of 16 years (the fictitious young person) if the offender, when taking any of the actions described in subsection (1), believed that the fictitious young person was a young person under the age of 16 years.

      3. It is a defence to a charge under subsection (1) if the person charged proves that,—

      4. before the time they took the action concerned, they had taken reasonable steps to find out whether the young person was of or over the age of 16 years; and
        1. at the time they took the action concerned, they believed on reasonable grounds that the young person was of or over the age of 16 years.

          Notes
          • Section 131AB: inserted, on , by section 4 of the Crimes (Child Exploitation Offences) Amendment Act 2023 (2023 No 16).