Sexual penetration of a child or lineal descendant
50C Sexual penetration of a child or lineal descendant
S. 50C inserted by No. 47/2016 s. 16.
A person (A) commits an offence if—
A intentionally—
sexually penetrates another person (B); or
causes or allows B to sexually penetrate A; and
B is A's child or lineal descendant; and
A knows that B is A's child or lineal descendant.
A person who commits an offence against subsection (1) is liable to level 2 imprisonment (25 years maximum).
S. 50C(3) inserted by No. 34/2017 s. 33(1).
The standard sentence for an offence against subsection (1) is 10 years if B is, at the time of the offence, under the age of 18 years.
Notes
1 An exception applies to this offence—see section 50G.
2 A defence applies to this offence—see section 50H.
3 B's consent is not a defence to this offence—see section 50K.
Note 4 to s. 50C inserted by No. 65/2016 s. 24(3), substituted by No. 34/2017 s. 33(2).
4 See sections 5A and 5B of the Sentencing Act 1991 as to standard sentences.
Note 5 to s. 50C inserted by No. 34/2017 s. 33(2).
5 An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991 if B is, at the time of the offence, under the age of 18 years. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.
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