By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- The age of consent in Queensland is 16. Sexual activity with a child under 16 is a crime even if the child agreed.
- No close-in-age defence applies to the under-16 offences in Queensland's Criminal Code.
- Belief about age: a defence only if the child was 12 or older and the accused proves a reasonable belief that the child was 16 or older.
- 16 and 17 year olds can agree to sex, but not with an adult who has them under their care, supervision or authority, such as a parent, step-parent, teacher, coach, employer or health practitioner.
- Maximum penalties: 14 years for penile intercourse with a child of 12 to 15, and life imprisonment if the child is under 12.
- Images: indecent photographs or recordings of a child under 16 are a crime.
- For advice if police have contacted you or you have been charged, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer who practises in Queensland for a fixed $295.
The age of consent in Queensland is 16: under the Criminal Code, penile intercourse with a child under 16 carries up to 14 years' imprisonment (life if the child is under 12), whether or not the child agreed, and there is no close-in-age defence. A 16 or 17 year old can agree to sexual activity, except with an adult who has them under their care, supervision or authority, such as a parent, teacher, coach or employer.
Checked on 23 October 2026 against the Criminal Code (Qld), current as at 1 June 2026.
The age of consent in Queensland
Queensland's Criminal Code does not use the phrase "age of consent", but its offences set it at 16: sexual activity with a child under 16 is a crime whether or not the child agreed.
| Age of the young person | Offence | Maximum penalty |
|---|---|---|
| Under 16 (12 or over) | Penile intercourse with a child under 16 | 14 years' imprisonment |
| Under 12 | Penile intercourse with a child under 16 | Life imprisonment |
| Under 16 (12 or over) | Indecent treatment of a child under 16 (indecent dealing, exposing a child to indecent acts or material, indecent photographs or recordings) | 14 years' imprisonment |
| Under 12 | Indecent treatment of a child under 16 | 20 years' imprisonment |
| 16 or 17 | Sexual penetration by an adult who has them under their care, supervision or authority | 14 years' imprisonment |
| 16 or 17 | Indecent dealing and similar acts by such an adult | 10 years' imprisonment |
- Higher penalties apply to the under-16 offences where the offender is the child's guardian or has the child in their care, or the child has an impairment of the mind: life imprisonment for penile intercourse and 20 years for indecent treatment.
- Sexual activity without consent is a crime at any age. See consent law in Queensland.
Defences
- No close-in-age defence for under-16s: unlike some other states, the Queensland Criminal Code offences for a child under 16 have no similar-age defence. A young person close in age to the child can be charged, although police and prosecutors decide whether to charge.
- Belief about age: the general rule is that it does not matter that the accused did not know, or believed otherwise about, the child's age. The exception for the under-16 offences: if the child was 12 or older, it is a defence to prove that the accused believed, on reasonable grounds, that the child was 16 or older. There is no such defence if the child was under 12.
- Who proves it: the accused must prove the reasonable belief.
16 and 17 year olds: care, supervision or authority
A 16 or 17 year old can lawfully agree to sexual activity, but it is a crime for an adult to engage in sexual acts with a 16 or 17 year old who is under their care, supervision or authority. The prosecution does not have to prove that the adult abused their position, or that the young person did not consent.
- Always counted: the young person's parent, grandparent, step-parent or guardian (and their spouse); an approved foster or kinship carer (and their spouse); a teacher, principal or deputy principal at their school; a health practitioner treating them; staff at a place where they are in custody; and people connected with a residential care service where they live.
- Examples of others: an employer or someone who controls significant aspects of their work (paid, unpaid or voluntary), a tutor, sports coach or music teacher, a religious or spiritual leader, or a police officer who has dealt with them in their duties.
- Defences: a reasonable belief that the young person was at least 18; being lawfully married to them; or, for someone not in the "always counted" group, being less than 3 years older where the conduct was not sexual exploitation.
Photos, videos and sexting
- Photos and recordings: taking an indecent photograph or recording of a child under 16 without legitimate reason is part of the indecent treatment offence (maximum 14 years, or 20 years if the child is under 12).
- Child exploitation material: the Code's child exploitation material offences cover material showing a person who is, or appears to be, a child under 16 in a sexual or offensive way.
- 16 and 17 year olds: an adult with care, supervision or authority over a 16 or 17 year old commits an offence by taking an indecent photograph or recording of them without legitimate reason.
Free help
| Service | Number | Hours |
|---|---|---|
| Police, ambulance or fire in an emergency | 000 | Any time |
| 1800RESPECT (national sexual assault, domestic and family violence counselling) | 1800 737 732 | 24 hours a day, 7 days a week |
| Legal Aid Queensland | 1300 65 11 88 | 8:30am to 4:30pm, Monday to Friday |
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in Queensland is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise you before a police interview, explain the charge and any defence, and represent you in court. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.
General information only, not legal advice. Updated 23 October 2026. Checked against the Criminal Code (Qld) (Schedule 1 to the Criminal Code Act 1899, current as at 1 June 2026), sections 207A, 210, 210A, 215 and 229, on 23 October 2026.