The maximum penalty for the offence of procuring or grooming child under 16 for unlawful sexual activity is 12 years in prison or 15 years if the child was under the age of 14 years.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
According to the Judicial Commission of New South Wales, the penalties imposed for the offence are:
In the Local Courts
Procure child for unlawful sexual activity – section 66EB(2)
| Penalty type | Number of cases | Percent of cases |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 7 | 31.8% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 15 | 68.2% |
The average full term prison sentence imposed for the offence is 22 months and the average non-parole period (the minimum term in prison) is 12 months.
Meet, etc child groomed for unlawful sexual activity – section 66EB(2A)
| Penalty type | Number of cases | Percent of cases |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 1 | 25% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 3 | 75% |
The average full term prison sentence imposed for the offence is 13.5 months and the average non-parole period (the minimum term in prison) is 6 months.
Groom child for unlawful sexual activity – section 66EB(3)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 9 | 25.7% |
| Intensive Correction Order | 1 | 2.9% |
| Imprisonment | 25 | 71.4% |
The average full term prison sentence imposed for the offence is 20 months and the average non-parole period (the minimum term in prison) is 12 months.
In the Higher Courts
Groom child for unlawful sexual activity – section 66EB(2)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 1 | 10% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 9 | 90% |
The average full term prison sentence imposed for the offence is 5 years and the average non-parole period (the minimum term in prison) is 3.5 years.
Procure child < 14 for unlawful sexual activity – section 66EB(2)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 3 | 100% |
The average full term prison sentence imposed for the offence is 5.5 years and the average non-parole period (the minimum term in prison) is 4 years.
Procure child >= 14 for unlawful sexual activity – SNPP (Item 10F) – section 66EB(2)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 7 | 100% |
The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 2 years.
Procure child >= 14 for unlawful sexual activity – section 66EB(2)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 1 | 100% |
The average full term prison sentence imposed for the offence is 7 years and the average non-parole period (the minimum term in prison) is 42 months.
Attempt to procure child < 14 for unlawful sexual activity – section 66EB(2)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 2 | 100% |
The average full term prison sentence imposed for the offence is 6 years and the average non-parole period (the minimum term in prison) is 3 years.
Meet etc child < 14 groomed for sexual activity – SNPP (Item 10G) – section 66EB(2A)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 3 | 100% |
The average full term prison sentence imposed for the offence is 5 years and the average non-parole period (the minimum term in prison) is 2 years.
Meet etc child >= 14 groomed for sexual activity – SNPP (Item 10H) – section 66EB(2A)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 1 | 100% |
The average full term prison sentence imposed for the offence is 7 years and the average non-parole period (the minimum term in prison) is 4.5 years.
Groom child < 14 for unlawful sexual activity – SNPP (Item 10I) – section 66EB(3)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 1 | 20% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 4 | 80% |
The average full term prison sentence imposed for the offence is 5 years and the average non-parole period (the minimum term in prison) is 3 years.
Groom child < 14 for unlawful sexual activity – section 66EB(3)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 1 | 100% |
The average full term prison sentence imposed for the offence is 42 months and the average non-parole period (the minimum term in prison) is 30 months.
Groom child >= 14 for unlawful sexual activity – SNPP (Item 10J) – section 66EB(3)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 1 | 25% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 3 | 75% |
The average full term prison sentence imposed for the offence is 30 months and the average non-parole period (the minimum term in prison) is 16 months.
Groom child >= 14 for unlawful sexual activity – section 66EB(3)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Section 12 Suspended Sentence (repealed penalty) | 1 | 33.3% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 2 | 66.7% |
The average full term prison sentence imposed for the offence is 6 years and the average non-parole period (the minimum term in prison) is 4 years.
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