Sexual act—child under 10
Any person who intentionally— (a) carries out a sexual act with or towards a child who is under the age of 10 years, or (a1) carries out a sexual act— (i) in the presence of a child who is under the age of 10 years, and (ii) for which the presence of the child is a source of sexual arousal or gratification of the person carrying out the sexual act, or (b) incites a child who is under the age of 10 years to carry out a sexual act with or towards the person, or (c) incites a child who is under the age of 10 years to carry out a sexual act with or towards another person, or (d) incites another person to carry out a sexual act with or towards a child who is under the age of 10 years, is guilty of an offence. Maximum penalty—Imprisonment for 7 years.
Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.
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