s. 45 (8C) Sexual offences against children Pt 1 Div. 1 Subdiv. (8C) (Heading and ss 52, 53) inserted by No. 9509 s. 5, amended by No. 9848 s. 18(1), substituted as Pt 1 Div. 1 Subdiv. (8C) (Heading and ss 45–49) by No. 8/1991 s. 3. 45 Sexual penetration of child under the age of 16 S. 45 substituted by No. 8/1991 (1) A person who takes part in an act of sexual s. 3, penetration with a child under the age of 16 is amended by Nos 49/1991 guilty of an indictable offence. s. 119(3) (Sch. 3 (2) A person who is guilty of an offence against item 4A), subsection (1) is liable— 48/1997 s. 60(1)(Sch. 1 item 22), substituted by No. 67/2000 s. 5. (a) if the court is satisfied beyond reasonable S. 45(2)(a) amended by doubt that the child was, at the time of the No. 7/2010 offence, under the age of 12, to level 2 s. 3(1). imprisonment (25 years maximum); or (b) if the court is satisfied beyond reasonable S. 45(2)(b) amended by doubt that the child was, at the time of the No. 7/2010 offence, aged between 12 and 16 and under s. 3(2). the care, supervision or authority of the accused, to level 4 imprisonment (15 years maximum); or (c) in any other case of sexual penetration of a S. 45(2)(c) substituted by child between the ages of 12 and 16, to No. 7/2010 level 5 imprisonment (10 years maximum). s. 3(3).
Pt 1 Div. 1 Subdiv. (8C) (Heading and ss 52, 53) inserted by No. 9509 s. 5, amended by No. 9848 s. 18(1), substituted as Pt 1 Div. 1 Subdiv. (8C) (Heading and ss 45–49) by No. 8/1991 s. 3. (8C) Sexual offences against children S. 45 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 item 4A), 48/1997 s. 60(1)(Sch. 1 item 22), substituted by No. 67/2000 s. 5. 45 Sexual penetration of child under the age of 16 s. 45 (1) A person who takes part in an act of sexual penetration with a child under the age of 16 is guilty of an indictable offence. (2) A person who is guilty of an offence against subsection (1) is liable— S. 45(2)(a) amended by No. 7/2010 s. 3(1). (a) if the court is satisfied beyond reasonable doubt that the child was, at the time of the offence, under the age of 12, to level 2 imprisonment (25 years maximum); or S. 45(2)(b) amended by No. 7/2010 s. 3(2). (b) if the court is satisfied beyond reasonable doubt that the child was, at the time of the offence, aged between 12 and 16 and under the care, supervision or authority of the accused, to level 4 imprisonment (15 years maximum); or S. 45(2)(c) substituted by No. 7/2010 s. 3(3). (c) in any other case of sexual penetration of a child between the ages of 12 and 16, to level 5 imprisonment (10 years maximum).