107B Meaning of relevant offence, relevant sexual offence, and relevant violent offence

(1)

In this Part, relevant offence means any of the following:

(a)

an offence specified in subsection (2), (2A), or (3):

(b)

an attempt to commit any offence specified in subsection (2) or (2A) (but only if the offence is not itself specified as an attempt and the provision does not itself provide that the offence may be completed on an attempt):

(c)

a conspiracy to commit any offence specified in subsection (2) or (2A):

(d)

an offence committed overseas that would come within the description of any offence described in subsection (2) or (2A), or paragraph (b) or (c) of this subsection, if it had been committed in New Zealand:

(e)

an offence that is equivalent to an offence specified in subsection (2) or (2A) but that was committed against a provision of the Crimes Act 1961 that has been repealed.

(2)

In this Part, an offence against any of the following sections of the Crimes Act 1961 is a relevant sexual offence:

(a)

section 128B(1) (sexual violation):

(b)

section 129(1) (attempted sexual violation):

(c)

section 129(2) (assault with intent to commit sexual violation):

(d)

section 129A(1) (sexual connection with consent induced by certain threats):

(e)

section 129A(2) (indecent act with consent induced by certain threats), but only if the victim of the offence was under the age of 16 at the time of the offence:

(f)

section 130(2) (incest):

(g)

section 131(1) and (2) (sexual connection with dependent family member):

(h)

section 131(3) (indecent act on dependent family member), but only if the victim of the offence was under the age of 16 at the time of the offence:

(i)

section 131B (meeting young person following sexual grooming):

(j)

section 132(1), (2), and (3) (sexual conduct with child under 12):

(k)

section 134(1), (2), and (3) (sexual conduct with young person under 16):

(l)

section 135 (indecent assault):

(m)

section 138(1), (2), and (4) (sexual exploitation of person with significant impairment):

(n)

section 142A (compelling another person to do indecent act with animal):

(o)

section 143 (bestiality):

(p)

section 144A(1) (sexual conduct with children and young people outside New Zealand):

(q)

section 144C(1) (organising or promoting child sex tours):

(r)

section 208 (abduction for purposes of marriage or sexual connection).

(2A)

In this Part, an offence against any of the following sections of the Crimes Act 1961 is a relevant violent offence:

(a)

section 172(1) (murder):

(b)

section 173(attempt to murder):

(c)

section 174 (counselling or attempting to procure murder):

(d)

section 176 (accessory after the fact to murder):

(e)

section 177 (manslaughter):

(f)

section 188(1) and (2) (wounding with intent):

(g)

section 189(1) (injuring with intent to cause grievous bodily harm):

(h)

section 191(1) and (2) (aggravated wounding or injury):

(i)

section 198(1) and (2) (discharging firearm or doing dangerous act with intent):

(j)

section 198A(1) and (2) (using firearm against law enforcement officer, etc):

(k)

section 198B (commission of crime with firearm):

(l)

section 199 (acid throwing):

(m)

section 209 (kidnapping):

(n)

section 234(2) (robbery):

(o)

section 235 (aggravated robbery):

(p)

section 236(1) and (2) (assault with intent to rob).

(2B)

For the purposes of subsection (1)(e),—

(a)

an offence against the former section 133 of the Crimes Act 1961 (indecency with girl under 12) is equivalent to an offence against section 132(3) of that Act (indecent act on child under 12):

(b)

an offence against the former section 139 of the Crimes Act 1961 (indecent act between woman and girl) is equivalent to an offence against section 134(3) of that Act (indecent act on young person under 16):

(c)

an offence against the former section 140 of the Crimes Act 1961 (indecency with boy under 12) is equivalent to an offence against section 132(3) of that Act (indecent act on child under 12):

(d)

an offence against the former section 140A of the Crimes Act 1961 (indecency with boy between 12 and 16) is equivalent to an offence against section 134(3) of that Act (indecent act on young person under 16):

(e)

an offence against the former section 142 of the Crimes Act 1961 (anal intercourse)—

(i)

if the person upon whom the act of anal intercourse was committed was under the age of 12 years when the act was committed, is equivalent to an offence against section 132(1) of that Act (sexual connection with child under 12); and

(ii)

if the person upon whom the act of anal intercourse was committed was of or over the age of 12 years when the act was committed, is equivalent to an offence against section 134(1) of that Act (sexual connection with young person under 16).

(3)

An offence under the Films, Videos, and Publications Classification Act 1993 is also a relevant offence if the offence is punishable by imprisonment and any publication that is the subject of the offence is objectionable because it does any or all of the following:

(a)

promotes or supports, or tends to promote or support, the exploitation of children, or young persons, or both, for sexual purposes:

(b)

describes, depicts, or otherwise deals with sexual conduct with or by children, or young persons, or both:

(c)

exploits the nudity of children, or young persons, or both.

Section 107B: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 107B heading: amended, on 12 December 2014, by section 7(1) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).

Section 107B(1): replaced, on 12 December 2014, by section 7(2) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).

Section 107B(2): replaced, on 12 December 2014, by section 7(2) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).

Section 107B(2A): replaced, on 12 December 2014, by section 7(2) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).

Section 107B(2B): inserted, on 20 May 2005, by section 10 of the Crimes Amendment Act 2005 (2005 No 41).

Section 107B(2B): amended, on 12 December 2014, by section 7(3) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).