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Particular Body Piercing Of Minor Prohibited

What the law says

Sections 18 of the Summary Offences Act Queensland states:

  1. A person must not, as part of a business transaction, perform body piercing to any part of-
    • (a) The external genitalia of a female who is a minor; or
    • (b) The penis or scrotal skin of a male who is a minor; or
    • (c) The nipples of a minor.

In this section

 body piercing means a process of penetrating a person's skin or mucous membrane with a sharp instrument for the purpose of implanting jewellery or other foreign material or into the skin or mucous membrane.

genitalia see Criminal Code.

intellectually impaired person see Criminal Code

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused performed body piercing to any part of-
    • (a) the external genitalia of a female who is a minor; or
    • (b) the penis or scrotal skin of a male who is a minor; or
    • (c) the nipples of a minor.
  2. It was a business transaction

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Particular Body Piercing of a Minor Prohibited is

  • (a) 40 penalty units or 6 months imprisonment.

If the minor is an intellectually impaired person or the minor's decision making capacity is impaired because of alcohol or a drug-80 penalty units or 1 years imprisonment.

Which court will hear the matter

This matter is a simple offence which means it is dealt with in the Magistrates Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. The accused had a reasonable and mistaken belief that the person on whom they were performing the piercing was an adult.
  2. The piercing was not performed a s part of a business transaction.
  3. They were not aware the person was intellectually impaired.

It is not a defence that the minor or a parent or guardian of the minor consented to the body piercing.

Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Particular Body Piercing of a Minor Prohibited matters)

 

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