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Loitering Near Schools

Sexual Offences – VIC

Welcome to the VIC Loitering near schools article page. Everything you need to know about Loitering near schools according to VIC law.

What the Law States according to VIC Law for Loitering near schools

According to VIC Law for the charge of Loitering near schools,

Crimes Act 1958 – SECT 60B
Loitering near schools etc.

60B. Loitering near schools etc.

(1) In this section, sexual offence means-

(a) an offence against section 38, 39, 40, 44(1), 44(2), 44(4), 45, 47, 47A, 48, 49, 55 or 56; or

(b) any offence specified in clause 7A, 7B, 8, 9, 10 or 12 of Schedule 8; or

(c) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraph (a) or (b).

(2) A person who-

(a) has been found guilty of-

(i) a sexual offence; or

(ia) an offence against-

(A) section 5, 6, 7 or 11 of the Prostitution Control Act 1994; or

(B) section 6, 7, 8 or 9 of the Prostitution Regulation Act 1986; or

(C) section 59(1)(a) or (b) or 60 inserted in this Act on 1 March 1981 by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991; or

(ii) murder where there are reasonable grounds to believe that a sexual offence was also committed on the victim; or

(iii) an offence against section 19 of the Summary Offences Act 1966; or

(iv) an offence against section 68, 69 or 70 or an offence of attempting to commit an offence against section 69; or

(v) an offence against-

(A) section 60A of the Classification of Films and Publications Act 1990; or

(B) section 168A, 168B or 168C of the Police Offences Act 1958- as in force at any time before its repeal; and

(b) is found loitering without reasonable excuse in or near-

(i) a school, kindergarten or child care centre; or

(ii) a public place within the meaning of the Summary Offences Act 1966 regularly frequented by children and in which children are present at the time of the loitering- is guilty of an offence.

(2A) An offence against subsection (2) is-

(a) an indictable offence for which the offender is liable to level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) if at the time of the commission of the offence the offender had previously been sentenced as a serious sexual offender (within the
meaning of Part 2A of the Sentencing Act 1991) for a sexual offence (within the meaning of that Part) or a violent offence (within the meaning of that Part); or

(b) a summary offence for which the offender is liable to level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) in any other case.

(3) If a person has at any time been convicted of an offence against a law of another State or a Territory of the Commonwealth which creates an offence substantially similar to a sexual offence the conviction for the offence against that law must be taken for the purposes of this section to be a conviction of a sexual offence.

The Maximum Penalty – Loitering near schools

According to VIC Law for the charge of Loitering near schools, 2 – 5 years depending on the section.

What the Police must prove according to VIC Law for Loitering near schools

(a) The accused has been found guilty of a sexual offence (as defined under s. 60B(1)).

(b) The accused was found loitering at or near a school, kindergarten or child care centre, or a public place (as defined under the Summary Offences Act 1966).

Possible Defences under VIC Law – Loitering near schools

(a) Factual dispute
(b) Identification dispute
(c) Lack of intent

In VIC which court will hear the matter – Loitering near schools

Magistrates’ Court

 

Date: 09/01/2009

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