138 Sexual exploitation of person with significant impairment
  • (1) Every one is liable to imprisonment for a term not exceeding 10 years who has exploitative sexual connection with a person with a significant impairment.

    (2) Every one is liable to imprisonment for a term not exceeding 10 years who attempts to have exploitative sexual connection with a person with a significant impairment.

    (3) For the purposes of subsections (1) and (2), a person has exploitative sexual connection with a person with a significant impairment (the impaired person) if he or she—

    • (a) has sexual connection with the impaired person knowing that the impaired person is a person with a significant impairment; and

    • (b) has obtained the impaired person's acquiescence in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment.

    (4) Every one is liable to imprisonment for a term not exceeding 5 years who exploitatively does an indecent act on a person with a significant impairment.

    (5) For the purposes of subsection (4), a person exploitatively does an indecent act on a person with a significant impairment (the impaired person) if he or she—

    • (a) does an indecent act on the impaired person knowing that the impaired person is a person with a significant impairment; and

    • (b) has obtained the impaired person's acquiescence in, submission to, participation in, or undertaking of the doing of the act by taking advantage of the impairment.

    (6) For the purposes of this section, a significant impairment is an intellectual, mental, or physical condition or impairment (or a combination of 2 or more intellectual, mental, or physical conditions or impairments) that affects a person to such an extent that it significantly impairs the person's capacity—

    • (a) to understand the nature of sexual conduct; or

    • (b) to understand the nature of decisions about sexual conduct; or

    • (c) to foresee the consequences of decisions about sexual conduct; or

    • (d) to communicate decisions about sexual conduct.

    Section 138: replaced, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).