Grooming is a serious sexual offence that can be charged on the basis of communications alone, without any physical contact ever occurring. McMahon Criminal Defence Lawyers defends grooming charges with care and rigour across Victoria, on fixed fees. See also our main sexual offences page.
What is Grooming? (Section 49M)
Under section 49M of the Crimes Act 1958, grooming is committed where a person communicates, by words or conduct, with a child under 16 — or with someone who has care, supervision or authority over the child — intending that communication to facilitate the child engaging or being involved in a sexual offence. The maximum penalty is 10 years’ imprisonment.
Critically, the offence is complete on the communication made with the relevant intention. A response is not required, and no sexual offence need ever actually take place — the criminality lies in the intention behind the communication.
What the Prosecution Must Prove
- the accused communicated by words or conduct;
- the communication was with a child under 16, or a person with care, supervision or authority over the child; and
- the accused intended the communication to facilitate the child engaging or being involved in a sexual offence.
Online Grooming and Commonwealth Charges
Where grooming occurs online, the conduct can also attract separate Commonwealth offences for using a carriage service to groom or procure a person under 16. These federal offences can be committed even where the “child” was in fact an undercover police officer, and they carry their own significant penalties and a distinct sentencing regime. It is common for State and Commonwealth charges to be laid together.
Defending the Charge
- Absence of the required intention — the communication was not intended to facilitate a sexual offence;
- The communication did not occur as alleged, or its meaning is disputed;
- Identity — particularly in online cases where attribution is contested; and
- Charge analysis across the State and Commonwealth regimes.
Grooming cases are heavily document-based, turning on the content and context of communications. Do not speak to police before getting advice. Contact us first.
Frequently Asked Questions
Can I be charged with grooming without any physical contact?
Yes. Grooming is complete on the communication made with the intention to facilitate a child’s involvement in a sexual offence. No physical contact, and no actual sexual offence, need ever occur — the offence lies in the intention behind the communication.
What is the maximum penalty for grooming?
Grooming under section 49M of the Crimes Act 1958 carries a maximum of 10 years’ imprisonment. Where the conduct occurred online, separate Commonwealth carriage-service offences may also apply, with their own penalties.
Can I be charged if the ‘child’ was actually a police officer?
For the Commonwealth online grooming and procuring offences, yes — those offences can be committed even where the person was in fact an undercover police officer and no real child existed. This is a common feature of online sting operations.
What does the prosecution have to prove?
That you communicated by words or conduct, that the communication was with a child under 16 or someone with authority over them, and that you intended the communication to facilitate the child engaging in a sexual offence. The intention is the critical element.
Are grooming cases based on messages?
Typically, yes. These cases are usually built on the content of communications — messages, chat logs and social media. The content, context and attribution of those communications are usually the central issues, which is why early, careful analysis matters.
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If you are under investigation or have been charged, contact us before taking any other step — including before any police interview. We provide experienced, discreet, fixed-fee representation across Victoria.
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