Grooming a Child under 16 Years (or Parent/Carer of Child under 16 Years)

In Queensland, a person must be 16 years of age to consent to a sexual act. Accordingly, any sexual or indecent treatment of people under the age of 16 is a criminal offence. In addition to offences which punish actual sexual offending, Queensland also has a network of related offences aimed at punishing behaviours and conduct which are often used as a means to access vulnerable young people.  Grooming is one of these offences.

What is Grooming?

Section 218B of the Criminal Code makes it an offence an adult who engages in conduct in relation to a child, or a person who has care of a child with intent to-

• Facilitate the procurement of the child to engage in a sexual act, either in Queensland or elsewhere; or

• Expose, without legitimate reason, the child to any indecent matter, either in Queensland or elsewhere. 

Maximum Penalty

This offence (if charged without a circumstance of aggravation)  is punishable by a maximum penalty of 5 years’ imprisonment.  

If this offence is charged with the circumstance of aggravation that the Complainant child was under 12 years old, the maximum penalty increases to 10 years imprisonment.

The following acts constitute of ‘Grooming a child under 16 or a parent or carer of a child under 16’

• Endearing yourself to/ or dating a parent or carer of young children with a view to facilitating your unsupervised access to the children in order to sexually abuse them.

• Purposefully leaving pornographic material somewhere for a person under 16 years of age to find, with the intention of exposing them to sexual graphic or indecent material.

What Must Be Proven?

For a person to be found guilty of Grooming a child under 16, the Prosecution must prove each of the below elements of the offence: 

• The accused was an adult
• The accused ‘engaged in conduct’ in relation to a child (or a person who has care of a child)
• With intent to either:
  • facilitate the procurement of the child to engage in a sexual act in Queensland or elsewhere; or
  • expose, without legitimate reason, the child to any indecent matter in Queensland or elsewhere

If the Prosecution is unable to prove each of the above elements to the requisite standard (beyond a reasonable doubt), the accused person should be found not guilty. 

Importantly, the Prosecution does not need to prove any of the following things for the accused person to be found guilty:

• That the accused intended to facilitate the procurement of the child to engage in any specific sexual act
• That it was impossible for the child to engage in a sexual act
• When exactly the accused intended the child would be procured to engage in a sexual act.

Which Court Will Hear the Matter?

In some cases, an accused person can have their charge of ‘Grooming a child under 16 or a parent or carer of a child under 16’ finalised in the Magistrates Court of Queensland. This is only possible if:

• There is a complainant child
• The complainant child is 14 years or over, and
• The accused person is not alleged to have believed the child was under 12 years, and
• The accused person pleads guilty

In all other cases, because of the nature and seriousness of this offence, the matter must proceed on indictment and be finalised in the District Court.

Possible Defences to a charge of ‘Grooming a child under 16 or a parent or carer of a child under 16’

• It is a defence to a simpliciter charge under this section if the accused person can prove that they believed, on reasonable grounds, that the child was 16 years or older.
• If the person is charged with the circumstance of aggravation where the complainant child is under 12 years, it is a defence to the charge if the accused person can prove that they believed, on reasonable grounds, that the child was 12 years or older.

Common Questions about the charge of charge of ‘Grooming a child under 16 or a parent or carer of a child under 16’

Will I go to Gaol or have a criminal record if I am convicted of this offence?

The following is a list of potential sentences a Queensland Court can make (in order of seriousness, from least serious to most serious):

• Convict and not further punish
• Release upon entering into a recognisance, with no conviction recorded (also known as a Good Behaviour Bond)
• A monetary fine
• Probation 
• Community Service
• An Intensive Corrections Order
• Suspended Orders of Imprisonment
• Imprisonment 

The offence of Grooming a child under 16 years (or a carer or parent of a child under 16 years) is a serious criminal charge which carries with it the risk of actual imprisonment.  In Queensland, any time the Court orders a term of imprisonment for an offence (even if the imprisonment is wholly suspended, or the person is granted immediate parole) the Court must record a conviction. This means the offence will appear on the person’s Court outcomes, and the person will have recorded criminal history. 

The consequences of a conviction being recorded for any type of offence can be serious if you have a job or type of employment where you need to have no prior criminal convictions.  It may also jeopardise your employment and/or make it difficult to obtain visas for overseas travel.  

A conviction for an offence of a sexual nature or related to sexual offending can also completely rule out certain career paths, particularly those vocations which require a blue card, where you are working with children, or other vulnerable communities. If you are convicted of an offence of this nature, you can expect to have your blue-card taken away from you. 

Will I be a reportable child sex offender if I am convicted of this offence?

Grooming a child under 16 years (or a parent or carer of a child under 16 years) is a ‘prescribed offence’ under Schedule 1 of the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.  This means if you plead guilty or are found guilty of this offence, and you have a conviction recorded, or you are sentenced to a term of imprisonment or supervision, you will become a reportable offender under this Act. 

This means you will be on the Child Protection Offender Registry (often referred to as ‘CPOR’). If you are placed on this registry you will have to report to Police and keep Police informed of your whereabouts and other personal details for a period of time.  How long you must be on this register depends on a number of factors. The period a person can be made subject to the CPOR reporting regime ranges from five years to an indefinite period of time.

What should I do if I am contacted by Police about a charge of ‘Grooming a child under 16’?

If you are contacted by Police and they want to talk to you about this charge it’s important you receive good legal advice at the earliest opportunity and before speaking with Police or anyone else about the matter.  Armstrong Legal provides expert legal advice and representation for offences of this nature.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.