Section 61HB — Crimes Act 1900 (NSW)

(1) For the purposes of this Division, sexual touching means a person touching another person—
(a) with any part of the body or with anything else, or
(b) through anything, including anything worn by the person doing the touching or by the person being touched,
in circumstances where a reasonable person would consider the touching to be sexual.
(1A) The continuation of sexual touching as defined in subsection (1) is also sexual touching for the purposes of this Division.
(2) The matters to be taken into account in deciding whether a reasonable person would consider touching to be sexual include—
(a) whether the area of the body touched or doing the touching is the person’s genital area, anal area or breasts—
(i) whether or not the breasts are sexually developed, and
(ii) regardless of the person’s gender or sex, or
(b) whether the person doing the touching does so for the purpose of obtaining sexual arousal or sexual gratification, or
(c) whether any other aspect of the touching (including the circumstances in which it is done) makes it sexual.
(3) Touching carried out solely for proper medical or hygienic purposes is not sexual touching for the purposes of this Division.

Related sections

• s 61AA — Defence of lawful correction
• s 61H — Definitions
• s 61HA — Meaning of “sexual intercourse”
• s 61HC — Meaning of “sexual act”
• s 61HD — Meaning of “cognitive impairment”
• s 61HF — Objective

Research how courts apply s 61HB

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.