6. Property Offences (Victoria)¶
Crimes Act 1958 (Vic) unless stated. Serious-offender and registration markers verified against the current consolidations (12 August 2026). No standard sentence applies to any offence in this list. KEY — SA Cat 1 / Cat 2 = category 1 / category 2 offence, s 3(1) Sentencing Act 1991 (mandatory custodial order: s 5(2G) Cat 1, s 5(2H) Cat 2). Pt 2A = Sentencing Act 1991 Part 2A serious-offender regime (Sch 1 cl 1 sexual / cl 2 violent / cl 3 serious violent / cl 5 arson; status attaches on a sentence of imprisonment or youth detention, s 6B(2)). SOA Sch 1 / Sch 2 / Sch 3 = Serious Offenders Act 2018 (Vic) — Sch 1 serious sex offences and Sch 2 serious violence offences gate eligibility for a post-sentence supervision or detention order; Sch 3 lists further offences a person already on a supervision order must not commit (core condition). SORA = Sex Offenders Registration Act 2004 (Vic) registrable-offence class. PU = penalty units.
Theft (ss 72A–74AA)¶
| Section | Offence | Brief elements | Penalty / SA category / serious-offender & registration status |
|---|---|---|---|
| s 74 | Theft | (1) A appropriates property belonging to another; (2) with intention of permanently depriving; (3) dishonestly. | Level 5 / 10 yrs — no SA category. Not SOA Sch 1, 2 or 3. Not registrable. |
| s 74AA | Theft of a firearm | (1) A steals a firearm within s 3(1) Firearms Act 1996. | 1800 PU or 15 yrs — no SA category. Not SOA Sch 1, 2 or 3. Not registrable. |
Robbery (ss 75–75A)¶
| Section | Offence | Brief elements | Penalty / SA category / serious-offender & registration status |
|---|---|---|---|
| s 75 | Robbery | (1) A commits theft; (2) immediately before/at the time uses force on, or puts/seeks to put any person in fear of force; (3) in order to commit the theft. | Level 4 / 15 yrs — no SA category. NOT a Sch 2 serious violence offence; SOA Sch 3 cl 1(t) only. |
| s 75A | Armed robbery | (1) A commits robbery; (2) at the time has with them a firearm, imitation firearm, offensive weapon, explosive or imitation explosive. | Level 2 / 25 yrs / SA Cat 2 if armed with a firearm, victim injured as a direct result, or committed in company (s 3(1) para (da)) "serious offence" for indefinite sentence (s 3(1)). NOT SOA Sch 2; SOA Sch 3 cl 1(u) only. |
Burglary and home invasion (ss 76–77B)¶
| Section | Offence | Brief elements | Penalty / SA category / serious-offender & registration status |
|---|---|---|---|
| s 76 | Burglary | (1) A enters a building / inhabited vehicle or vessel (or part); (2) as a trespasser; (3) intending to steal, or to commit an offence involving assault or damage punishable by 5+ yrs. | Level 5 / 10 yrs — no SA category. NOT SOA Sch 2 (but see cl 6). SOA Sch 1 item 44, Pt 2A sexual offence and SORA Class 2 (Sch 2 item 19) only on the sexual-intent condition.† SOA Sch 3 cl 1(v). |
| s 77 | Aggravated burglary | (1) A commits burglary; and either (a) has with them a firearm/imitation firearm/offensive weapon/explosive/imitation explosive, (b) a person is present and A knows or is reckless as to presence, or © uses a vehicle to damage the building to gain entry. |
Level 2 / 25 yrs — no SA category. NOT SOA Sch 2 (but see cl 6). SOA Sch 1 item 45, Pt 2A sexual offence and SORA Class 2 (Sch 2 item 20) only on the sexual-intent condition.† SOA Sch 3 cl 1(w). |
| s 77A | Home invasion | (1) A commits burglary of a "home"; (2) enters in company with one or more others; and either: (a) has with them a firearm/imitation firearm/offensive weapon/explosive/imitation explosive, or (b) another person (not a co-offender) is present. |
Level 2 / 25 yrs / SA Cat 2 (s 77A(3)) — mandatory custodial order, s 5(2H). Category B serious youth offence. NOT SOA Sch 2; SOA Sch 1 item 46 only on the sexual-intent condition.† Not registrable. SOA Sch 3 cl 1(x). |
| s 77B | Aggravated home invasion | (1) Burglary of a home; (2) in company with two or more others; (3) has with them a firearm/imitation firearm/offensive weapon/explosive/imitation explosive; (4) knows or is reckless as to another's presence; and (5) another (not a co-offender) is in fact present. |
Level 1 / Life / SA Cat 1 (s 77B(2)) — mandatory imprisonment and NPP ≥ 3 yrs unless special reason, s 10AC. Category A serious youth offence. NOT SOA Sch 2; SOA Sch 1 item 47 only on the sexual-intent condition.† Not registrable. SOA Sch 3 cl 1(y). |
Carjacking (ss 79–79A)¶
| Section | Offence | Brief elements | Penalty / SA category / serious-offender & registration status |
|---|---|---|---|
| s 79 | Carjacking | (1) A steals a vehicle; (2) immediately before/at the time uses force or puts/seeks to put a person in fear of force; (3) in order to commit the theft. |
Level 4 / 15 yrs / SA Cat 2 (s 79(2)) — mandatory custodial order, s 5(2H). Category B serious youth offence. NOT SOA Sch 1 or Sch 2; SOA Sch 3 cl 1(z) only. Not registrable. |
| s 79A | Aggravated carjacking | (1) A commits carjacking; and either (a) has with them a firearm/imitation firearm/offensive weapon/explosive/imitation explosive, or (b) causes injury to another. |
Level 2 / 25 yrs / SA Cat 1 (s 79A(2)) — mandatory imprisonment and NPP ≥ 3 yrs unless special reason, s 10AD. Category A serious youth offence. NOT SOA Sch 1 or Sch 2; SOA Sch 3 cl 1(za) only. |
Unlawful taking of aircraft (s 80)¶
| Section | Offence | Brief elements | Penalty / SA category / serious-offender & registration status |
|---|---|---|---|
| s 80 | Unlawfully taking control of an aircraft (two discrete offences) | s 80(1): (1) A, without lawful excuse, takes or exercises control of an aircraft; (2) while another non-accomplice person is on board. s 80(2): as above, but the taking is by force, violence, threat of force or violence, trick or false pretence. | s 80(1) Level 4 / 15 yrs; s 80(2) Level 3 / 20 yrs — no SA category. Not SOA Sch 1, 2 or 3. Not registrable. |
Deception and false documents (ss 81–83A)¶
| Section | Offence | Brief elements | Penalty / SA category / serious-offender & registration status |
|---|---|---|---|
| s 81 | Obtaining property by deception | (1) A obtains property belonging to another; (2) intending to permanently deprive; (3) by deception (false representation of fact or law); (4) dishonestly. | Level 5 / 10 yrs — no SA category. Not SOA Sch 1, 2 or 3. Not registrable. |
| s 82 | Obtaining financial advantage by deception | (1) A obtains for self or another a financial advantage; (2) by deception; (3) dishonestly. | Level 5 / 10 yrs — no SA category. Not SOA Sch 1, 2 or 3. Not registrable. |
| s 83A | Making or using a false document | (1) A makes or uses a document; (2) which is false; (3) knowing it is false; (4) intending to induce acceptance as genuine; (5) intending acceptance to result in prejudice. | Level 5 / 10 yrs — no SA category. Not SOA Sch 1, 2 or 3. Not registrable. |
Blackmail and extortion (ss 87, 28)¶
| Section | Offence | Brief elements | Penalty / SA category / serious-offender & registration status |
|---|---|---|---|
| s 87 | Blackmail | (1) A makes an unwarranted demand with menaces; (2) with a view to gain for self/another, or with intent to cause loss to another. | Level 4 / 15 yrs — no SA category. Not SOA Sch 1, 2 or 3. Not registrable. |
| s 28 | Extortion with threat to destroy property etc. | (1) A makes a demand; (2) accompanied by a threat to destroy or endanger a building/bridge/mine/aircraft/vessel/motor vehicle/railway engine or carriage; (3) intending the recipient to fear the threat will be carried out unless they comply. | Level 5 / 10 yrs — no SA category. NOT a Sch 2 serious violence offence; SOA Sch 3 cl 1(l) only. Not registrable. |
Handling stolen goods (s 88)¶
| Section | Offence | Brief elements | Penalty / SA category / serious-offender & registration status |
|---|---|---|---|
| s 88 | Handling stolen goods | (1) A possesses, or undertakes/assists in the retention, removal, disposal or realisation of goods; (2) the goods are stolen; (3) A knows or believes them stolen at the time; (4) dishonestly. | Level 4 / 15 yrs — no SA category. Not SOA Sch 1, 2 or 3. Not registrable. |
Criminal damage and arson (ss 197–201A)¶
| Section | Offence | Brief elements | Penalty / SA category / serious-offender & registration status |
|---|---|---|---|
| s 197(1) | Destroying or damaging property (criminal damage) | (1) A destroys or damages property; (2) belonging to another (or to A and another); (3) intentionally or recklessly; (4) without lawful excuse. | Level 5 / 10 yrs — no SA category. NOT SOA Sch 2; SOA Sch 3 cl 1(zd) only. Pt 2A arson offence only where charged as arson (Sch 1 cl 5(a)(i)). |
| s 197(2) | Criminal damage intending to endanger life | (1) A destroys or damages property; (2) intending to destroy/damage property; (3) intending by that damage to endanger another's life; (4) without lawful excuse. | Level 4 / 15 yrs — no SA category. NOT SOA Sch 2; SOA Sch 3 cl 1(zd) only. Pt 2A arson offence only where charged as arson. |
| s 197(3) | Criminal damage with a view to gain | (1) A destroys or damages property; (2) dishonestly; (3) with a view to gain for self/another. | Level 5 / 10 yrs — no SA category. NOT SOA Sch 2; SOA Sch 3 cl 1(zd) only. Pt 2A arson offence only where charged as arson. |
| s 197(6) | Arson | (1) A commits criminal damage under s 197(1), (2) or (3); (2) the damage/destruction is by fire; (3) A intends to damage/destroy by fire. | Level 4 / 15 yrs — no SA category. Pt 2A ARSON OFFENCE (Sch 1 cl 5(a)(i)) → serious arson offender on imprisonment; community protection is the principal purpose (s 6D). NOT SOA Sch 2; SOA Sch 3 cl 1(zd). |
| s 197A | Arson causing death | (1) A commits arson (s 197); (2) thereby causing the death of another. | Level 2 / 25 yrs / SA Cat 2 (s 3(1) para (e)) — the ONLY property offence in SOA Sch 2 (cl 3(h) serious violence offence). Also a Pt 2A arson offence (Sch 1 cl 5(a)(ii)). Category A serious youth offence. |
| s 201A | Intentionally or recklessly causing a bushfire | (1) A intentionally or recklessly causes a fire; (2) reckless as to the spread of the fire to vegetation on property belonging to another. | Level 4 / 15 yrs — no SA category. Pt 2A ARSON OFFENCE (Sch 1 cl 5(a)(iii)) → serious arson offender on imprisonment. Not SOA Sch 1, 2 or 3. |
Summary damage and preparatory offence (s 9 SOA 1966; s 91)¶
| Section | Offence | Brief elements | Penalty / SA category / serious-offender & registration status |
|---|---|---|---|
| s 9 SOA 1966 | Wilful damage (Summary Offences Act 1966) | (1) A wilfully injures or damages any property (public or private); (2) the injury done is under $5,000 in value (s 9(1)©). | Summary — 25 PU / 6 months. No SA category. Not SOA Sch 1, 2 or 3. Not registrable. |
| s 91 | Going equipped for stealing etc. | (1) A, when not at their place of abode; (2) has with them any article for use in the course of or in connection with any burglary, theft or cheat. | Summary — Level 7 / 2 yrs. No SA category. Not SOA Sch 1, 2 or 3. Not registrable. |
- Serious Offenders Act 2018 (Vic) Sch 2 cl 6 also catches "an offence an element of which is an intention to commit an offence of a kind referred to in this Schedule". A s 76 or s 77 charge particularised on an intent to commit s 16 or s 17 (causing serious injury intentionally / recklessly) therefore falls within Sch 2 by that route, notwithstanding that burglary and aggravated burglary are not themselves listed. Sch 2 cl 7 does the same for conspiracy, incitement and attempt.*
† The sexual-intent condition. Serious Offenders Act 2018 Sch 1 items 44–47 (ss 76, 77, 77A, 77B) apply only where "the offender entered [the building / a home] as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the Crimes Act 1958". SORA Sch 2 items 19–20 are narrower again: they cover ss 76 and 77 ONLY, and only where the intended sexual offence was to be committed "on a child". Sentencing Act 1991 Sch 1 cl 1(a)(xvii)–(xviii) likewise lists ss 76 and 77 where entry was with intent to commit a listed sexual offence, which makes the offender a serious sexual offender under Pt 2A on a sentence of imprisonment.
‡ Registration is not confined to the schedules: under s 11(1) SORA a court that finds an adult guilty of an offence that is not a Class 1 or Class 2 offence may nonetheless order compliance with the reporting obligations. Any offence in this list can therefore attract registration by that discretionary route.
Sources checked 12 August 2026: Serious Offenders Act 2018 (Vic) Schs 1–3 (v 015, in force 22 Oct 2025); Sentencing Act 1991 (Vic) ss 3(1), 5(2G)–(2H), 6B, 10AC, 10AD and Sch 1; Sex Offenders Registration Act 2004 (Vic) s 11 and Schs 1–2; Crimes Act 1958 (Vic) as cited.
26 chargeable property offences across 24 Crimes Act 1958 (Vic) provisions (s 197(1), (2), (3) and (6) counted separately; s 80 houses two discrete offences) plus s 9 Summary Offences Act 1966 (Vic). None carries a standard sentence. Only one — s 197A, arson causing death — is a serious violence offence under Sch 2 of the Serious Offenders Act 2018 (Vic).
For the burglary to be classified under Schedule 2 of SORA (Class 2 offences) or Schedule 1 of the Serious Offenders Act 2018 (Vic), the specific intent must be to commit a sexual offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the Crimes Act 1958.
These underlying sexual offences include:
Rape (section 38) or Rape by compelling sexual penetration (section 39);
Sexual Assault (section 40) or Sexual Assault by compelling sexual touching (section 41);
Assault with intent to commit a sexual offence (section 42);
Sexual offences against children under the age of 16 (Subdivision 8C, including sections 49A and 49B);
Sexual offences against persons with a cognitive impairment or mental illness (Subdivision 8E, including sections 52B and 52C); and
Commercial sexual services or sexual servitude offences (Subdivisions 8F and 8FA).
If the accused enters with the contemporaneous intention to commit any of these sexual offences, the burglary is legally characterized as a sexual offence for registration and monitoring purposes.
Key Evidentiary and Forensic Issues regarding "Intent at Entry"
From a defense and prosecutorial perspective, proving or disproving this specific intent at the exact moment of entry is critical:
Contemporaneous Intent: The intent to commit the sexual offence must exist at the time of entry. If the accused enters a residential premises with a different intent (e.g., to steal a car key) and only forms the intent to commit a sexual assault after entering, they are guilty of burglary based on the theft intent, but the burglary itself does not meet the "intent gateway" to become a Schedule 2 SORA offence. In such a scenario, the subsequent sexual assault must be charged as a discrete count, rather than characterising the burglary itself as a Class 2 sex offence.
Inference of Intent: Since direct admissions are rare, the prosecution typically relies on circumstantial evidence to infer the accused's intent upon entry. This can include the possession of items associated with sexual violence (e.g., cable ties, masks), prior surveillance of the victim, search history, or contemporaneous statements.
Recklessness Not Sufficient: Burglary requires a specific, subjective intention to commit the offence. While aggravated burglary under section 77(1)(b) allows for recklessness regarding the presence of a person in the building, the underlying intent to commit the sexual offence itself must be absolute—subjective recklessness as to whether a sexual act might occur is insufficient to satisfy the s 76 burglary elements.
Serious Offenders Act (SOA) Schedule 2 Distinction
It is vital for criminal law practitioners to distinguish the Sex Offenders Registration Act 2004 (SORA) from the Serious Offenders Act 2018 (Vic) (SOA), as the acronyms are occasionally conflated:
SOA Schedule 2 (Serious Violence Offences): Under the Serious Offenders Act 2018 (Vic), Schedule 2 exclusively lists "serious violence offences" such as murder, manslaughter, kidnapping, and causing serious injury intentionally or recklessly. Burglary under section 76 is not listed in SOA Schedule 2.
SOA Schedule 1 (Serious Sex Offences): Under the Serious Offenders Act 2018 (Vic), burglary with intent to commit a Subdivision (8A) to (8FA) sexual offence is explicitly listed under Schedule 1 (Serious Sex Offences) at Item 44. Consequently, an offender serving a custodial sentence for this specific type of burglary is classified as an "eligible offender" for post-sentence supervision or detention orders.
Sentencing and Procedural Implications
When representing a client charged with burglary in circumstances that would trigger SORA Schedule 2 / Serious sex offender status, several forensic and sentencing rules apply:
Mandatory Sex Offender Registration Orders: Under section 341 of the Serious Offenders Act 2018 (Vic), if an offender is sentenced to a custodial sentence for a serious sex offence (which includes burglary with sexual intent) and is subsequently subject to a post-sentence supervision or detention order, the Supreme Court or County Court must make a sex offender registration order under SORA if the offender is not already registered.
The Sentencing Prohibition on SORA Consequences: Under section 5(2BC) of the Sentencing Act 1991 (Vic), a sentencing judge is strictly prohibited from taking into account any ancillary or consequential effects that may arise under SORA (or the Worker Screening Act 2020) when determining the appropriate head sentence or non-parole period.
DNA Profile Directives: Registrable offenders under SORA are subject to section 464ZFAB of the Crimes Act 1958 (Vic), which empowers police officers to direct that a compulsory DNA profile sample be taken from them to be retained indefinitely on the DNA database.
Ultimately, a section 76 burglary becomes a SORA Schedule 2 Class 2 offence (and a Serious sex offence under related legislation) solely through the co-existence of entry as a trespasser and the specific intent to commit a Subdivision (8A) to (8FA) sexual offence at the exact moment of crossing the threshold.