131B Meeting young person following sexual grooming, etc

(1)

Every person is liable to imprisonment for a term not exceeding 7 years if,—

(a)

having met or communicated with a person under the age of 16 years (the young person) on an earlier occasion, he or she takes one of the following actions:

(i)

intentionally meets the young person:

(ii)

travels with the intention of meeting the young person:

(iii)

arranges for or persuades the young person to travel with the intention of meeting him or her; and

(b)

at the time of taking the action, he or she intends—

(i)

to take in respect of the young person an action that, if taken in New Zealand, would be an offence against this Part, or against any of paragraphs (a)(i), (d)(i), (e)(i), (f)(i), of section 98AA(1); or

(ii)

that the young person should do on him or her an act the doing of which would, if he or she permitted it to be done in New Zealand, be an offence against this Part on his or her part.

(1A)

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.

(2)

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

(a)

before the time he or she took the action concerned, he or she had taken reasonable steps to find out whether the young person was of or over the age of 16 years; and

(b)

at the time he or she took the action concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years.

Section 131B: inserted, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

Section 131B heading: amended, on 19 March 2012, by section 5(1) of the Crimes Amendment Act (No 3) 2011 (2011 No 79).

Section 131B(1A): inserted, on 19 March 2012, by section 5(2) of the Crimes Amendment Act (No 3) 2011 (2011 No 79).