News · Criminal law explainer
Grooming and procuring a child in NSW.
Grooming and procuring offences are among the most serious a person can face, and they are heavily policed online. In New South Wales they are set out in section 66EB of the Crimes Act 1900 (NSW). This note explains what the section covers, what the words procure and groom mean, how the penalties are graded by the age of the child, and how these charges are run. It is a note about the law, and any person charged is presumed innocent.
By Aaron Kernaghan · Published 3 September 2026
What does section 66EB cover?
Section 66EB creates three offences directed at conduct that precedes a sexual offence against a child under 16. The first is procuring a child for unlawful sexual activity. The second is grooming a child for that purpose. The third is meeting, or travelling to meet, a child the adult has groomed, intending to procure the child for unlawful sexual activity.
The offences are aimed at the steps taken before any physical contact. A person can commit them without any sexual act ever occurring, because the conduct targeted is the procuring, grooming, or meeting itself.
What do procure and groom mean?
Procure means to encourage, entice, recruit, or induce a child to engage in unlawful sexual activity, whether by threats, promises, or otherwise. Grooming means conduct exposing a child to indecent material, or providing a child with gifts, or other conduct, done to make it easier to procure the child for unlawful sexual activity.
The conduct can be online or in person. Messages, gifts, images, and the building of a relationship of trust can all form part of grooming where the purpose is to make sexual activity with the child more likely.
What are the penalties?
The penalties are graded by the age of the child. Procuring a child carries a maximum of 15 years imprisonment where the child is under 14, and 12 years otherwise. Grooming carries a maximum of 12 years where the child is under 14, and 10 years otherwise. Meeting a child after grooming carries 15 years where the child is under 14, and 12 years otherwise.
These are serious indictable offences dealt with in the higher courts. They frequently arise from covert online operations, and can sit alongside Commonwealth online child abuse offences and child abuse material offences.
What if the person was an adult officer, not a child?
Many of these matters begin with covert operations in which an adult poses as a child. The law can still apply, because the offences are directed at what the accused intended and believed. A person who believed they were dealing with a child under 16, and acted with the required purpose, can be liable even if there was no real child.
That makes the accused's belief and intention central. What the person understood about the age of the other party, and what they were trying to achieve, are the issues the case turns on.
How are these charges defended?
The defence examines intention and purpose above all. Did the accused have the specific purpose the section requires? Was the conduct capable of being grooming or procuring, or was it innocent? Was there a mistaken but honest belief about age in the limited circumstances where that is relevant? Identification and authorship of online messages can also be in issue.
These are grave charges with lasting consequences, including registration obligations on conviction. Anyone contacted by police about conduct of this kind should get advice before any interview. Early, careful advice is important.
Frequently asked.
What is grooming in NSW?
Conduct such as exposing a child to indecent material or giving a child gifts, done to make it easier to procure the child for unlawful sexual activity. It is an offence under section 66EB of the Crimes Act 1900 (NSW).
What does procure mean?
To encourage, entice, recruit, or induce a child to engage in unlawful sexual activity, whether by threats, promises, or otherwise. Procuring a child under 16 is an offence under section 66EB.
What are the penalties?
They are graded by age. Procuring carries up to 15 years where the child is under 14 and 12 years otherwise. Grooming carries up to 12 years where the child is under 14 and 10 years otherwise. Meeting after grooming carries up to 15 years where the child is under 14 and 12 years otherwise.
Does a sexual act have to happen?
No. The offences target the procuring, grooming, or meeting itself. A person can be guilty even though no sexual activity ever took place, because the conduct aimed at is the step taken beforehand.
Can you be charged if it was a police officer posing as a child?
Yes, potentially. The offences focus on the accused's intention and belief. A person who believed they were dealing with a child under 16 and acted with the required purpose can be liable even where there was no real child.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.