New section 44(3) provides that a threat may be made by words or conduct and may be explicit or implicit. New section 44(4) makes clear that a person who takes part in a sexual act with A or another person does not need to be the same person to whom A has threatened to cause harm. The Note refers to section 35C (which contains the meaning of taking part in a sexual act). New section 45 Procuring sexual act by fraud – New sections 44 and 45 replace the existing offence of procuring sexual penetration by threats or fraud in existing section 57 of the Crimes Act 1958. Like new section 44, this offence covers both sexual penetration and sexual touching. New section 45(1) provides that a person (A) commits an offence if— (a) A makes a false or misleading representation; and (b) A knows that— (i) the representation is false or misleading; or (ii) the representation is probably false or misleading; and (c) as a result of A's representation, another person (B) takes part (whether at the time the representation is made or at a later time) in a sexual act with A or another person; and (d) A intends that, as a result of A's representation, an outcome mentioned in paragraph (c) will occur. New section 45(2) provides that the maximum penalty for this offence is level 6 imprisonment (5 years maximum). This is the same maximum penalty as existing section 57(2). New section 45(3) provides that a false or misleading representation may be made by words or conduct (including by omission) and may be explicit or implicit. The Note refers to section 35C (which contains the meaning of taking part in a sexual act).
New section 44(3) provides that a threat may be made by words or conduct and may be explicit or implicit. New section 44(4) makes clear that a person who takes part in a sexual act with A or another person does not need to be the same person to whom A has threatened to cause harm. The Note refers to section 35C (which contains the meaning of taking part in a sexual act). New section 45 – Procuring sexual act by fraud New sections 44 and 45 replace the existing offence of procuring sexual penetration by threats or fraud in existing section 57 of the Crimes Act 1958. Like new section 44, this offence covers both sexual penetration and sexual touching. New section 45(1) provides that a person (A) commits an offence if— (a) A makes a false or misleading representation; and (b) A knows that— (i) the representation is false or misleading; or (ii) the representation is probably false or misleading; and (c) as a result of A's representation, another person (B) takes part (whether at the time the representation is made or at a later time) in a sexual act with A or another person; and (d) A intends that, as a result of A's representation, an outcome mentioned in paragraph (c) will occur. New section 45(2) provides that the maximum penalty for this offence is level 6 imprisonment (5 years maximum). This is the same maximum penalty as existing section 57(2). New section 45(3) provides that a false or misleading representation may be made by words or conduct (including by omission) and may be explicit or implicit. The Note refers to section 35C (which contains the meaning of taking part in a sexual act).