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Crimes Act 1961

Sections and provisions with full text and the judgments that cite each one.

Section 111 — False statements or declarations

111 False statements or declarations Every one is liable to imprisonment for a term not exceeding 3 years who, on any occasion on which he is required or permitted by law to make any statement or…

Section 112 — Evidence of perjury, false oath, or false statement

112 Evidence of perjury, false oath, or false statement No one shall be convicted of perjury, or of any offence against section 110 or section 111 of this Act, on the evidence of one witness only,…

Section 113 — Fabricating evidence

113 Fabricating evidence Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to mislead any tribunal holding any judicial proceeding to which section 108 applies,…

Section 114 — Use of purported affidavit or declaration

114 Use of purported affidavit or declaration Every one is liable to imprisonment for a term not exceeding 3 years who— (a) Signs a writing that purports to be an affidavit sworn before him or a…

Section 115 — Conspiring to bring false accusation

115 Conspiring to bring false accusation Every one who conspires to prosecute any person for any alleged offence, knowing that person to be innocent thereof, is liable— (a) To imprisonment for a term…

Section 116 — Conspiring to defeat justice

116 Conspiring to defeat justice Every one is liable to imprisonment for a term not exceeding 7 years who conspires to obstruct, prevent, pervert, or defeat the course of justice in New Zealand or…

Section 117 — Corrupting juries and witnesses

117 Corrupting juries and witnesses Every one is liable to imprisonment for a term not exceeding 7 years who— (a) dissuades or attempts to dissuade a person, by threats, bribes, or other corrupt…

Section 118 — Assisting escape of prisoners of war or internees

118 Assisting escape of prisoners of war or internees Every one is liable to imprisonment for a term not exceeding 7 years who knowingly and wilfully— (a) Assists any prisoner of war detained in New…

Section 119 — Breaking prison

119 Breaking prison Every one is liable to imprisonment for a term not exceeding 7 years who by force or violence breaks any prison, with intent to set at liberty himself or any other person detained…

Section 120 — Escape from lawful custody

120 Escape from lawful custody (1) Every one is liable to imprisonment for a term not exceeding 5 years who,— (a) Having been convicted of an offence, escapes from any lawful custody in which he may…

Section 121 — Assisting escape from lawful custody

121 Assisting escape from lawful custody (1) Every one is liable to imprisonment for a term not exceeding 7 years who— (a) Rescues any person from lawful custody, whether in a prison or not; or (b)…

Section 122 — Assisting escape of mentally impaired person detained for offence

122 Assisting escape of mentally impaired person detained for offence Every one is liable to imprisonment for a term not exceeding 5 years who— (a) rescues any person who is ordered to be detained as…

Section 123 — Blasphemous libel

123 Blasphemous libel (1) Every one is liable to imprisonment for a term not exceeding one year who publishes any blasphemous libel. (2) Whether any particular published matter is or is not a…

Section 124 — Distribution or exhibition of indecent matter

124 Distribution or exhibition of indecent matter (1) Every one is liable to imprisonment for a term not exceeding 2 years who, without lawful justification or excuse,— (a) Sells, exposes for sale,…

Section 125 — Indecent act in public place

125 Indecent act in public place (1) Every one is liable to imprisonment for a term not exceeding 2 years who wilfully does any indecent act in any place to which the public have or are permitted to…

Section 126 — Indecent act with intent to insult or offend

126 Indecent act with intent to insult or offend Every one is liable to imprisonment for a term not exceeding 2 years who with intent to insult or offend any person does any indecent act in any…

Section 127 — No presumption because of age

127 No presumption because of age There is no presumption of law that a person is incapable of sexual connection because of his or her age. Section 127 was substituted, as from 20 May 2005, by…

Section 128 — Sexual violation defined

128 Sexual violation defined (1) Sexual violation is the act of a person who— (a) rapes another person; or (b) has unlawful sexual connection with another person. (2) Person A rapes person B if…

Section 128A — Allowing sexual activity does not amount to consent in some circumstances

128A Allowing sexual activity does not amount to consent in some circumstances (1) A person does not consent to sexual activity just because he or she does not protest or offer physical resistance to…

Section 128B — Sexual violation

128B Sexual violation (1) Every one who commits sexual violation is liable to imprisonment for a term not exceeding 20 years. (2) A person convicted of sexual violation must be sentenced to…

Section 129 — Attempted sexual violation and assault with intent to commit sexual violation

129 Attempted sexual violation and assault with intent to commit sexual violation (1) Every one who attempts to commit sexual violation is liable to imprisonment for a term not exceeding 10 years.…

Section 129A — Sexual conduct with consent induced by certain threats

129A Sexual conduct with consent induced by certain threats (1) Every one who has sexual connection with another person knowing that the other person has been induced to consent to the connection by…

Section 130 — Incest

130 Incest (1) Sexual connection is incest if— (a) it is between 2 people whose relationship is that of parent and child, siblings, half-siblings, or grandparent and grandchild; and (b) the person…

Section 131 — Sexual conduct with dependent family member

131 Sexual conduct with dependent family member (1) Every one is liable to imprisonment for a term not exceeding 7 years who has sexual connection with a dependent family member under the age of 18…

Section 131A — Dependent family member defined

131A Dependent family member defined (1) For the purposes of section 131 , one person is a dependent family member of another person— (a) if the other person has power or authority over him or her,…

Section 131B — Meeting young person under 16 following sexual grooming, etc

131B Meeting young person under 16 following sexual grooming, etc (1) Every person is liable to imprisonment for a term not exceeding 7 years if,— (a) having met or communicated with a person under…

Section 132 — Sexual conduct with child under 12

132 Sexual conduct with child under 12 (1) Every one who has sexual connection with a child is liable to imprisonment for a term not exceeding 14 years. (2) Every one who attempts to have sexual…

Repealed

Section 133 — Indecency with girl under 12

133 Indecency with girl under 12 [Repealed] Subsection (4) was inserted, as from 2 July 1999, by section 4 Crimes (Home Invasion) Amendment Act 1999 (1999 No 75). Subsection (4) was repealed, as from…

Section 134 — Sexual conduct with young person under 16

134 Sexual conduct with young person under 16 (1) Every one who has sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years. (2) Every one who attempts to…

Section 134A — Defence to charge under section 134

134A Defence to charge under section 134 (1) It is a defence to a charge under section 134 if the person charged proves that,— (a) before the time of the act concerned, he or she had taken reasonable…

Section 135 — Indecent assault

135 Indecent assault Every one is liable to imprisonment for a term not exceeding 7 years who indecently assaults another person. Subsection (2) was inserted, as from 2 July 1999, by section 4 Crimes…

Repealed

Section 136 — Conspiracy to induce sexual intercourse

136 Conspiracy to induce sexual intercourse [Repealed] Section 136 was repealed, as from 20 May 2005, by section 7 Crimes Amendment Act 2005 (2005 No 41). See sections 12 and 13 of that Act for the…

Repealed

Section 137 — Inducing sexual intercourse under pretence of marriage

137 Inducing sexual intercourse under pretence of marriage [Repealed] Section 137 was repealed, as from 20 May 2005, by section 7 Crimes Amendment Act 2005 (2005 No 41). See sections 12 and 13 of…

Section 138 — Sexual exploitation of person with significant impairment

138 Sexual exploitation of person with significant impairment (1) Every one is liable to imprisonment for a term not exceeding 10 years who has exploitative sexual connection with a person with a…

Repealed

Section 139 — Indecent act between woman and girl

139 Indecent act between woman and girl [Repealed] Subsection (4) was inserted, as from 2 July 1999, by section 4 Crimes (Home Invasion) Amendment Act 1999 (1999 No 75). Subsection (4) was repealed,…

Repealed

Section 140 — Indecency with boy under 12

140 Indecency with boy under 12 [Repealed] Section 140 was substituted, as from 8 August 1986, by section 3 Homosexual Law Reform Act 1986 (1986 No 33). Subsection (4) was inserted, as from 2 July…

Repealed

Section 140A — Indecency with boy between 12 and 16

140A Indecency with boy between 12 and 16 [Repealed] Section 140A was inserted, as from 8 August 1986, by section 3 Homosexual Law Reform Act 1986 (1986 No 33). Subsection (7) was inserted, as from 2…

Repealed

Section 141 — Indecent assault on man or boy

141 Indecent assault on man or boy [Repealed] Section 141 was substituted, as from 8 August 1986, by section 4 Homosexual Law Reform Act 1986 (1986 No 33). Subsection (2) was inserted, as from 2 July…

Repealed

Section 142 — Anal intercourse

142 Anal intercourse [Repealed] Section 142 was substituted, as from 8 August 1986, by section 5 Homosexual Law Reform Act 1986 (1986 No 33). Subsection (11) was inserted, as from 2 July 1999, by…

Section 142A — Compelling indecent act with animal

142A Compelling indecent act with animal (1) Every one is liable to imprisonment for a term not exceeding 14 years who compels any other person, by the actual or threatened application of force to…

Section 143 — Bestiality

143 Bestiality (1) Every one is liable to imprisonment for a term not exceeding 7 years who commits bestiality. (2) This offence is complete upon penetration. Compare: 1908 No 32 s 153; 1941 No 10…

Section 144 — Indecency with animal

144 Indecency with animal Every one is liable to imprisonment for a term not exceeding 3 years who commits any act of indecency with an animal.

Section 144A — Sexual conduct with children and young people outside New Zealand

144A Sexual conduct with children and young people outside New Zealand (1) Every one commits an offence who, being a New Zealand citizen or ordinarily resident in New Zealand,— (a) does outside New…

Section 144B — Consent of Attorney-General required

144B Consent of Attorney-General required (1) No information shall be laid for an offence against section 144A of this Act except with the consent of the Attorney-General. (2) A person who is alleged…

Section 144C — Organising or promoting child sex tours

144C Organising or promoting child sex tours (1) Every one is liable to imprisonment for a term not exceeding 7 years who— (a) Makes or organises any travel arrangements for or on behalf of any other…

Section 145 — Criminal nuisance

145 Criminal nuisance (1) Every one commits criminal nuisance who does any unlawful act or omits to discharge any legal duty, such act or omission being one which he knew would endanger the lives,…

Repealed

Section 146 — Keeping place of resort for homosexual acts

146 Keeping place of resort for homosexual acts [Repealed] Section 146 was repealed, as from 8 August 1986, by section 6(1) Homosexual Law Reform Act 1986 (1986 No 33).

Repealed

Section 147 — Brothel-keeping

147 Brothel-keeping [Repealed] Subsection (2) was amended, as from 8 August 1986, by section 6(2) Homosexual Law Reform Act 1986 (1986 No 33) by substituting the word “ person ” for the word “ woman…

Repealed

Section 148 — Living on earnings of prostitution

148 Living on earnings of prostitution [Repealed] Sections 147 to 149A were repealed, as from 28 June 2003, by section 48(1)(a) Prostitution Reform Act 2003 (2003 No 28). See section 51 of that Act…

Repealed

Section 149 — Procuring for prostitution

149 Procuring for prostitution [Repealed] Section 149 was substituted, as from 4 April 2001, by section 4 Crimes Amendment Act 2001 (2001 No 9). Sections 147 to 149A were repealed, as from 28 June…