Charged with a child sex offence overseas? What Australian law says and what to do next
Division 272 of the Criminal Code Act 1995 (Cth) makes it a serious Commonwealth offence for Australian citizens or residents to engage in, cause, procure, or ‘groom’ sexual activity with a child overseas. These laws apply even if the conduct took place entirely outside Australia and carry penalties of up to life imprisonment.
Can I be charged for sexual activity with a child overseas?
Yes. Australian law allows prosecution even if the alleged conduct happened entirely outside Australia. This includes offences such as:
having sexual intercourse with a child under 16 while overseas;
engaging in other forms of sexual activity with a child under 16;
causing or helping a child to take part in sexual activity;
being in a position of trust or authority (for example, a teacher, coach, employer, or health professional) and having sexual contact with someone aged 16 or 17 overseas; and
procuring or ‘grooming’ a child or another person to make sexual activity with a child easier to arrange.
These laws are aimed at preventing what is often called child sex tourism.
If you were an Australian citizen or resident at the time, or a company based in Australia, you can be prosecuted in Australia - even if the other country has also laid charges.
Will I go to prison for a child sex offence commitat penalties apply for these offences?
The penalties under Division 272 are among the harshest in the Commonwealth Criminal Code.
Engaging in sexual intercourse with a child under 16 carries a maximum penalty of 25 years imprisonment, while other forms of sexual activity with a child under 16 attract up to 20 years.
If the offence involves aggravating circumstances - such as abuse of trust, cruelty, or where the child has a mental impairment, the maximum penalty increases to life imprisonment. Persistent sexual abuse of a child overseas can lead to a sentence of up to 30 years.
For cases involving young persons aged 16 or 17 where the accused was in a position of trust or authority, the maximum penalties are 10 years for sexual intercourse and 7 years for other forms of sexual activity.
Procuring or grooming a child, or even another person to facilitate sexual activity with a child, carries a maximum of 15 years imprisonment. Sentences can increase further if there are serious aggravating factors, such as cruelty, abuse of trust, or if the child suffered harm or death.
Sentences can increase significantly if there are aggravating factors, such as cruelty, abuse of trust, or if the child suffered harm or death.
What does grooming mean in Australia?
‘Grooming’ includes any behaviour intended to make sexual activity with a child more likely. This could involve online communication, gift-giving, or attempts to gain the trust of a child or their family. Under Australian law, a person can be charged with grooming even if:
no sexual activity took place;
the child or other person was fictitious or undercover (such as a police sting operation); or
the communication occurred partly or entirely outside Australia.
In short, what matters is intent, not whether the act was completed.
What if I believed the person was over 16?
There are limited defences under the law. It may be a defence if you can prove that:
you honestly believed the person was at least 16 (or 18 in ‘trust’ situations);
your belief was reasonable in the circumstances; or
you were in a valid and genuine marriage with a person aged at least 16 (only in some ‘trust’ offences).
These are complex legal defences that place a burden of proof on the accused, meaning you must prove the defence on the balance of probabilities.
What happens if I am charged with a child sex offence?
Child sex offences outside Australia are prosecuted by the Commonwealth Director of Public Prosecutions (CDPP) and investigated by the Australian Federal Police (AFP). Matters begin in the Magistrates Court but usually move to the District or Supreme Court because of their seriousness.
Investigations often involve:
covert online operations or international cooperation with foreign police;
digital evidence from phones, laptops, or social media;
statements from overseas witnesses; and
travel, immigration, and financial records.
Because the evidence can come from multiple countries, these cases require careful management of jurisdictional issues and cross-border evidence.
What should I do if I am being investigated or charged with a child sex offence in Qld?
Do not agree to an interview or provide your devices to investigators before speaking with a lawyer. Even casual conversations with police or AFP officers can be used as evidence later.
A lawyer can help you by:
advising you before any interview;
protecting your right to silence;
negotiating bail conditions;
reviewing the evidence and disclosure; and
developing a defence strategy or making early representations to the CDPP.
Common questions
Can I still be charged if the incident happened years ago?
Yes. There is no time limit on Commonwealth child sex offences. Historical allegations can still be prosecuted.
What if the person was pretending to be underage?
You can still be charged. The law allows prosecution even if the ‘child’ was an undercover police officer or a fictitious profile.
Will I have to go to court in another country?
Most cases are prosecuted in Australia, but foreign investigations may run at the same time. Your lawyer will guide you on any risk of extradition.
Can these charges be defended?
Yes. Common defences include mistaken belief about age, insufficient evidence, lack of intention to procure or groom, or problems with jurisdiction or admissibility of evidence.
Choosing the best child sex offence lawyer in Qld
Our criminal defence lawyers are available for a confidential discussion about your case. No booking required.
📞 Speak to a leading Brisbane Criminal Lawyers on (07) 3012 6531 for a confidential discussion about your case. You can also request a confidential callback by filling in our Quick Enquiry form, which also includes access to our free guide 16 Things You Need to Do Now if Charged with a Criminal Offence.
The information on our website is general in nature and does not constitute legal advice. Please contact our criminal law team for specific advice about your case.
Last updated October 2025.