Crimes Amendment Act 2005

8 New section 144A substituted

The principal Act is amended by repealing section 144A, and substituting the following section:

144A Sexual conduct with children and young people outside New Zealand

(1)

Every one commits an offence who, being a New Zealand citizen or ordinarily resident in New Zealand,—

(a)

does outside New Zealand, with or on a child under the age of 12 years, an act to which subsection (2) applies; or

(b)

does outside New Zealand, with or on a person under the age of 16 years, an act to which subsection (3) applies; or

(c)

does outside New Zealand, with or on a person under the age of 18 years, an act to which subsection (4) applies.

(2)

This subsection applies to an act that, if done in New Zealand, would be an offence against—

(a)

section 132(1) (sexual connection with a child under 12); or

(b)

section 132(2) (attempted sexual connection with a child under 12); or

(c)

section 132(3) (doing an indecent act on a child under 12).

(3)

This subsection applies to an act that, if done in New Zealand, would be an offence against—

(a)

section 134(1) of this Act (sexual connection with a young person); or

(b)

section 134(2) of this Act (attempted sexual connection with a young person); or

(c)

section 134(3) of this Act (doing an indecent act on a young person).

(4)

This subsection applies to an act that, if done in New Zealand, would be an offence against section 23(1) of the Prostitution Reform Act 2003 (breach of prohibitions on use in prostitution of persons under 18 years).

(5)

A person who commits an offence against this section in respect of a provision specified in any of subsections (2) to (4) is liable to the penalty to which he or she would be liable if convicted of an offence against the provision.

(6)

Every limiting provision that applied to a provision specified in any of subsections (2) to (4) when an offence against this section in respect of the provision specified is alleged to have been committed applies also to—

(a)

the commencement of proceedings for the offence; and

(b)

a charge under this section in respect of the provision specified.

(7)

In this section, limiting provision, in relation to a provision specified in any of subsections (2) to (4), means a provision of this Act or the Prostitution Reform Act 2003 that states (in relation to the provision specified only, or more generally)—

(a)

circumstances that constitute a defence to a charge under the provision specified; or

(b)

circumstances that do not constitute a defence to a charge under the provision specified; or

(c)

circumstances in which the person on or with whom an offence against the provision specified is committed may not be charged with an offence against that provision.