Have you been charged with ‘loitering near schools etc by a sexual offender’?

What does it mean to be Charged with Loitering near Schools as a Sexual Offender?

This offence is covered under Section 49N of the Crimes Act 1958 (“CA”). Loitering near schools as a sex offender refers to an offence where a person who has previously been found guilty of a relevant sexual offence is found lingering at or near places where children are present, such as:

1. Schools, children’s service centres, or educational care service premises.
2. Public places frequently visited by children, such as parks or playgrounds, where children are present at the time of loitering.

To commit this offence, the offender must knowingly loiter at or near these locations. The law applies even if the offender is not directly interacting with children, as long as they are loitering in areas where children are present or likely to be present.

What does Loitering mean?

The term “loitering” implies being present in an area without a legitimate reason, and it aims to prevent individuals with a history of sexual offences from creating a risk to children by being near places they frequent.

What must the prosecution prove?

The prosecution must establish that:

1. You have a prior conviction for a relevant sexual offence;
2. You were loitering at or near a specific location;
3. That location was either a school, children’s service centre, education and care service premises, or a public place regularly visited by children, with children present at the time; and
4. You were aware that the location was a school, children’s service centre, education and care service premises, or a public place frequently attended by children, and that children were present.

Penalties for Loitering near schools etc:

If convicted, the offence carries a penalty of up to 5 years in prison (level 6 imprisonment).

Where will my case be heard?

‘Loitering near schools etc. by sexual offender’ cases can ONLY be heard in the County Court or the Supreme Court of Victoria.

Factors and Defences to consider:

Section 49ZB outlines an exception to the offence of loitering near certain places (such as schools or childcare centres) under section 49N(1). It states that ‘A’ (the defendant) will not be guilty of loitering if they can prove that they had a reasonable excuse for being at or near the location described in section 49N(1)(c).

In other words, if ‘A’ can show a legitimate reason for their presence at or near the specified location (like picking up a child or conducting work), they may be able to avoid being charged with loitering under this section.

Other factors to consider:

• Have you been frequenting a relevant place in a manner that might be seen as ‘loitering’?
• What was the purpose of your loitering?
• Do you have any previous convictions for child sex offending?
• Do you have any mental health or cognitive impairments which contribute to your understanding and communication?
• Did you have a ‘reasonable excuse’ for being in loitering in that location?
• What were the surrounding circumstances of your offence?

Given the severity of these charges, speak to a criminal defence lawyer today for an individualised tailored defence strategy that could serve you.

Sex Offences Charges

• Offence to Perform Female Genital Mutilation
• Intention of Having Prohibited Female Genital Mutilation Performed
• Sexual Activity with the Corpse of Human Being
• Rape or Rape by Compelled Penetration
• Sexual Assault
• Sexual Assault by Compelling Sexual Touching
• Assault with Intent to Commit a Sexual Offence
• Threat to Commit a Sexual Offence
• Procuring Sexual Act by Threat or Procuring Sexual Act by Fraud
• Administration of an Intoxicating Substance for a Sexual Purpose
• Failing to Comply with Sex Offender Reporting
• Abduction or Detention for a Sexual Purpose
• Furnishing False or Misleading Information
• Indecent Act with a Child Under the Age of 16
• Sexual Activity Directed at Another Person
• Sexual Penetration of a Child Under the Age of 12
• Sexual Penetration of a Child Aged 16 or 17 Under Care, Supervision, or Authority
• Sexual Assault of a Child Aged 16 or 17 Under Care, Supervision, or Authority
• Sexual Activity in the Presence of a Child Aged 16 or 17 Under Care, Supervision or Authority
• Causing a child aged 16 or 17 under care, supervision, or authority to be present during sexual activity
• Persistent Sexual Abuse of a Child Under the Age of 16
• Encouraging a Child Aged 16 or 17 Under Care, Supervision or Authority to Engage in, or Be Involved in, Sexual Activity
• Grooming for Sexual Conduct with a Child under the Age of 16
• Loitering Near Schools Etc by a Sexual Offender
• Failure by a Person in Authority to Protect a Child from a Sexual Offence

• Abduction or Detention of a Child Under the Age of 16 for a Sexual Purpose
• Causing or Allowing a Sexual Performance Involving a Child
• Inciting or Offering a Sexual Performance Involving a Child
• Facilitating a Sexual Offence Against a Child
• Sexual Penetration of a Child or Lineal Descendent
• Sexual Penetration of a Stepchild
• Sexual Penetration of a Parent, Lineal Ancestor or Stepparent
• Sexual Penetration of a Sibling or Half-Sibling
• Sexual Offences Against People with Impaired Mental Functioning (Repealed 2016)
• Child in the Production of Child Abuse Material
• Distributing Child Abuse Material
• Administering a Website Used to Deal With Child Abuse Material
• Accessing Child Abuse Material
• Assisting a Person to Avoid Apprehension
• Sexual Assault of a Person with Cognitive Impairment or Mental Illness
• Using Force, Threat etc. to Cause Another Person to Provide Commercial Sexual Services
• Causing Another Person to Provide Commercial Sexual Services in Circumstances Involving Sexual Servitude
• Aggravated Sexual Servitude
• Deceptive Recruiting for Commercial Sexual Services
• Bestiality
• Child Stealing
• Bigamy
• Abortion Performed by Unqualified Person
• Concealing the Birth of a Child

What happens next?

If you have been charged with loitering near schools or other places where children reside as a sexual offender, your immediate next step is to contact MK Law to schedule an initial consultation with their experienced legal team. During this meeting, you will have the opportunity to discuss the specifics of your case in detail, allowing the lawyers to evaluate your situation comprehensively and provide you with preliminary advice tailored to your circumstances.

MK Law will meticulously review all relevant information and may request additional evidence or documentation to strengthen your defence. Throughout the legal process, they will keep you informed, offering ongoing legal guidance and preparing you for any necessary court appearances. When your case goes to trial, MK Law will represent you, working diligently to advocate for the best possible outcome on your behalf. To begin, reach out to MK Law by calling 1800 130 120 or visiting their website to arrange your consultation.