The New South Wales parliament has passed legislation which expands the scope of child sexual offences, child abuse material offences and female genital mutilation offences, as well as enables the conviction of a person for sexual offences and interfering with a corpse where it is uncertain as to whether the victim was alive or deceased at the time of the offending conduct.
The legislation
The Crimes Amendment (Sexual Offences and Female Genital Mutilation) Bill 2025 was passed on 11 September 2025.
The new law amends the Crimes Act 1900 (NSW) (‘the Act’) by broadening the conduct that relates to offences contained in the following sections of the Act:
- Sections 45, Female genital mutilation,
- Section 45A, Removing a person from the state for female genital mutilation,
- Section 66DC, Sexual act with a child under the age of 10 years,
- Section 66DD, Sexual act with a child at least 10 and less than 16 years,
- Section 66DE, Aggravated sexual act with a child at least 10 and less than 16 years,
- Section 66DF, Sexual act with a child under 16 years for production of child abuse material,
- Section 91G, Use child to produce child abuse material,
- Section 91H, Possess, produce or disseminate child abuse material (soon to be amended to ‘Producing and distributing intimate material’ and expanded to encompass ‘deepfake porn’),
- Section 91HAA, Administer a digital platform used to deal with child abuse material,
- Section 91HAB, Encourage the use of a digital platform to deal with child abuse material, and
- Section 91HAC, Provide information about avoiding detection for offences contained in section 91HAA or 91HAB.
The rationale
In his Second Reading Speech to parliament, New South Wales Attorney-General Michael Daley begins by acknowledging the families of Jacinda Rose ‘Cindy’ Smith, a First Nations girl who died at the age of 15 years together with her cousin Mona Lisa Smith, who was 16, in the early hours of 6 December 1987 after a vehicle in which they were passengers, driven by a 40-year old man, crashed.
The pair were believed to have been subjected to sexual offending, but there was uncertainty as to whether this occurred while they were alive or deceased – making it difficult to establish whether the appropriate offence was misconduct with a corpse or a sexual offence.
The incident was the impetus for the change relating a to special verdict where a person is charged with misconduct in relation to a corpse – outlined below.
The Attorney-General goes on to provide the following rationale for the changes to sexual and female genital mutilation offences:
“[S]exual offending is one of the most heinous forms of criminal behaviour. It is a violation of a person in circumstances of significant vulnerability, and the impacts often stay with victim-survivors for the rest of their lives.
Worse than that, in too many cases it contributes to intergenerational trauma that causes damage for generations.
No less serious is female genital mutilation, recognised internationally as a violation of the human rights of girls and women. Such practices can cause significant harm, have no health benefits and have no place in New South Wales.
The bill contains several amendments to criminal offences relating to these behaviours that form part of the Government’s ongoing program of legislative review and reform to provide better protections for victim-survivors.
The reforms in the bill are responsive to court decisions, inquest findings and other relevant developments that have highlighted opportunities for enhancement or improvement.
They will ensure that our criminal law remains fit for purpose in a modern New South Wales.”
The changes
The amending legislation makes the following specific changes to the Crimes Act 1900 (NSW).
Female genital mutilation
The prohibition on female genital mutilation contained in section 45 of the Act is amended to make clear it applies regardless of age and is not limited to ritualistic or traditional purposes, and that it does not extend to consensual piercing or tattooing undertaken in accordance with applicable standards.
The new section is as follows, with the changes underlined:
45 Prohibition of female genital mutilation
(1) A person who—
(a) excises, infibulates or otherwise mutilates the whole or any part of the labia majora or labia minora or clitoris of another person, regardless of the age of the other person, or
(b) aids, abets, counsels or procures a person to perform any of those acts on another person, regardless of the age of the other person,
is liable to imprisonment for 21 years.
(2) To avoid doubt, subsection (1)(a) is not limited to acts performed for ritualistic or traditional purposes.
(3) It is not an offence against this section to perform a surgical operation if that operation—
(a) is necessary for the health of the person on whom it is performed and is performed by a medical practitioner, or
(b) is performed on a person in labour or who has just given birth, and for medical purposes connected with that labour or birth, by a medical practitioner or authorised professional, or
(c) is a sexual reassignment procedure and is performed by a medical practitioner.
(4) In determining whether an operation is necessary for the health of a person only matters relevant to the medical welfare of the person are to be taken into account.
(4A) Also, it is not an offence against this section to perform any of the following acts on another person—
(a) piercing or tattooing, if the piercing or tattooing is carried out in accordance with all relevant legal, professional and ethical requirements applicable to the piercing or tattooing, or
(b) another act that is prescribed by the regulations.
(5) It is not a defence to a charge under this section that the person mutilated by or because of the acts alleged to have been committed consented to the acts.
(6) This section applies only to acts occurring after the commencement of the section.
(7) In this section—
authorised professional means—
(a) a registered midwife, or
(b) a midwifery student, or
(c) in relation to an operation performed in a place outside Australia—a person authorised to practise midwifery by a body established under the law of that place having functions similar to the functions of the Nursing and Midwifery Board of Australia, or
(d) a medical student, or
(e) a person who is a member of a class of persons prescribed by the regulations.
medical practitioner, in relation to an operation performed in a place outside Australia, includes a person authorised to practise medicine by a body established under the law of that place having functions similar to the Medical Board of Australia.
medical student means—
(a) a person who is registered as a student within the meaning of the Health Practitioner Regulation National Law (NSW) in the medical profession, or
(b) in relation to an operation performed in a place outside Australia—a person undergoing a course of training with a view to being authorised to be a medical practitioner in that place.
midwifery student means—
(a) a person who is registered as a student within the meaning of the Health Practitioner Regulation National Law (NSW) in the midwifery profession, or
(b) in relation to an operation performed in a place outside Australia—a person undergoing a course of training with a view to being authorised to be a midwife practitioner in that place.
sexual reassignment procedure means a surgical procedure to alter the genital appearance of a person to the appearance (as nearly as practicable) of the opposite sex to the sex of the person.
Removing a person from the state for female genital mutilation
The prohibition on removing a person from the state for female genital mutilation contained in section 45A of the Act is broadened to make clear it applies regardless of age.
The new section is as follows, with the addition underlined:
45A Removing person from State for female genital mutilation
(1) A person is guilty of an offence if the person takes another person from the State, or arranges for another person to be taken from the State, with the intention of having female genital mutilation performed on the other person.
Maximum penalty—imprisonment for 21 years.
(1A) Subsection (1) applies regardless of the age of the person taken from the State or arranged to be taken from the State.
(2) In proceedings for an offence under subsection (1) and in the absence of proof to the contrary, it is to be presumed that the accused took another person, or arranged for another person to be taken, from the State with the intention of female genital mutilation being performed on the other person if it is proved that—
(a) the accused took the person, or arranged for the person to be taken, from the State, and
(b) female genital mutilation was performed on the person while outside the State.
(3) It is not a defence to a charge under this section that the person taken from the State consented to being so taken.
(4) In this section—
female genital mutilation means an act referred to in section 45 (1) (a), the performance of which would be an offence against that section if performed in the State.
Sexual act with child under 10
The offence of sexual act with a child under the age of 10 years contained in section 66DC of the Act is amended to make clear it extends to any such act in the presence of a child under that age.
The new section is as follows, with the added subsection underlined:
66DC Sexual act—child under 10
Any person who intentionally—
(a) carries out a sexual act with or towards a child who is under the age of 10 years, or
(a1) carries out a sexual act—
(i) in the presence of a child who is under the age of 10 years, and
(ii) for which the presence of the child is a source of sexual arousal or gratification of the person carrying out the sexual act, or
(b) incites a child who is under the age of 10 years to carry out a sexual act with or towards the person, or
(c) incites a child who is under the age of 10 years to carry out a sexual act with or towards another person, or
(d) incites another person to carry out a sexual act with or towards a child who is under the age of 10 years,
is guilty of an offence.
Maximum penalty—Imprisonment for 7 years.
Sexual act with child at least 10 but under 16
The offence of sexual act with a child at least 10 but under the age of 16 years contained in section 66DD of the Act is similarly amended to make clear it extends to any such act in the presence of a child between those ages.
The new section is as follows, with the addition underlined:
66DD Sexual act—child between 10 and 16
Any person who intentionally—
(a) carries out a sexual act with or towards a child who is of or above the age of 10 years and under the age of 16 years, or
(a1) carries out a sexual act—
(i) in the presence of a child who is of or above the age of 10 years and under the age of 16 years, and
(ii) for which the presence of the child is a source of sexual arousal or gratification of the person carrying out the sexual act, or
(b) incites a child who is of or above the age of 10 years and under the age of 16 years to carry out a sexual act with or towards the person, or
(c) incites a child who is of or above the age of 10 years and under the age of 16 years to carry out a sexual act with or towards another person, or
(d) incites another person to carry out a sexual act with or towards a child who is of or above the age of 10 years and under the age of 16 years,
is guilty of an offence.
Maximum penalty—Imprisonment for 2 years.
Aggravated sexual act with child at least 10 but under 16
The offence of aggravated sexual act with a child at least 10 but under the age of 16 years contained in section 66DE of the Act is similarly amended to make clear it extends to any such act in the presence of a child between those ages.
The new section is as follows, with the addition underlined:
66DE Aggravated sexual act—child between 10 and 16
(1) Any person who in circumstances of aggravation intentionally—
(a) carries out a sexual act with or towards a child who is of or above the age of 10 years and under the age of 16 years, or
(a1) carries out a sexual act—
(i) in the presence of a child who is of or above the age of 10 years and under the age of 16 years, and
(ii) for which the presence of the child is a source of sexual arousal or gratification of the person carrying out the sexual act, or
(b) incites a child who is of or above the age of 10 years and under the age of 16 years to carry out a sexual act with or towards the person, or
(c) incites a child who is of or above the age of 10 years and under the age of 16 years to carry out a sexual act with or towards another person, or
(d) incites another person to carry out a sexual act with or towards a child who is of or above the age of 10 years and under the age of 16 years,
is guilty of an offence.
Maximum penalty—Imprisonment for 5 years.
(2) In this section, circumstances of aggravation means circumstances in which—
(a) at the time of, or immediately before or after, the commission of the offence, the accused person intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby, or
(b) at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or
(c) the accused person is in the company of another person or persons, or
(d) the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or
(e) the complainant has a serious physical disability, or
(f) the complainant has a cognitive impairment, or
(g) the accused person took advantage of the complainant being under the influence of alcohol or a drug in order to commit the offence, or
(h) the accused person deprives the complainant of his or her liberty for a period before or after the commission of the offence, or
(i) the accused person breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence.
Sexual act for production of child abuse material
The offence of sexual act for production of child abuse material contained in section 66DF of the Act is similarly amended to make clear it extends to any such act in the presence of a child between those ages.
The new section is as follows, with the addition underlined:
66DF Sexual act for production of child abuse material—child under 16
Any person who intentionally—
(a) carries out a sexual act with or towards a child who is under the age of 16 years, or
(a1) carries out a sexual act—
(i) in the presence of a child who is under the age of 16 years, and
(ii) for which the presence of the child is a source of sexual arousal or gratification of the person carrying out the sexual act, or
(b) incites a child who is under the age of 16 years to carry out a sexual act with or towards the person, or
(c) incites a child who is under the age of 16 years to carry out a sexual act with or towards another person, or
(d) incites another person to carry out a sexual act with or towards a child who is under the age of 16 years,
and who knows that the sexual act is being filmed for the purposes of the production of child abuse material, is guilty of an offence.
Maximum penalty—Imprisonment for 10 years.
Special verdict where charged with a sexual offence or misconduct with corpses
A new section 80AH is inserted into the Act which enables a court to return a ‘special verdict of sexual offence or misconduct with regard to corpses’ under section 81C(a) despite uncertainty as to whether a deceased person was alive or deceased when the conduct occurred.
The new section is as follows:
80AH Special verdict of “sexual offence or misconduct with regard to corpse”
(1) This section applies if, on the trial of a person charged with an offence under this division or section 81C(a), the trier of fact—
(a) is satisfied beyond reasonable doubt that the person committed either an offence under this division or section 81C(a), but
(b) is not certain about which of the offences was committed due to uncertainty about whether the victim was alive or deceased at the time the conduct the subject of the offence occurred.
(2) The person—
(a) is not entitled to be acquitted, and
(b) is liable to be sentenced for the offence under this division or under section 81C(a), whichever of the offences has the lesser punishment.
Misconduct with regard to corpses
The maximum penalty for indecently interfering with a corpse under section 81C(a) is increased from 2 to 3 years in prison.
The new section 81C reads as follows, with the change underlined:
81C Misconduct with regard to corpses
Any person who—
(a) indecently interferes with any dead human body, or
(b) improperly interferes with, or offers any indignity to, any dead human body or human remains (whether buried or not),
is liable to—
(a) for an offence against paragraph (a)—imprisonment for 3 years, or
(b) for an offence against paragraph (b)—imprisonment for 2 years.
Child abuse material offences
The new law amends section 91FA of the Act to change the definition of a ‘child’ for the purposes of child abuse material offences from someone who is under the age of 16 years to someone who is under the age of 18 years.
The words ‘or young person’ within child abuse material-related sections are deleted, and the words ‘under the age of 18 years’ are replaced by ‘a child’ to reflect the change and ensure uniformity.
The additional amended sections are 91G(6), 91H(3), 91HA(10)(a) and 91HB(a).
