* * * * * S. 46 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 item 5), 48/1997 s. 60(1)(Sch. 1 item 23), repealed by No. 67/2000 s. 5. 47 Indecent act with child under the age of 16 S. 47 substituted by No. 8/1991 s. 3. (1) A person must not wilfully commit, or wilfully be S. 47(1) amended by in any way a party to the commission of, an Nos 49/1991 indecent act with or in the presence of a child s. 119(3) (Sch. 3 under the age of 16. item 6), 48/1997 Level 5 imprisonment (10 years s. 60(1)(Sch. 1 item 24), maximum). 74/2014 s. 5(2). (2) Consent is not a defence to a charge under subsection (1) unless at the time of the alleged offence— (a) the accused satisfies the court on the balance S. 47(2)(a) amended by of probabilities that he or she believed on No. 2/2006 reasonable grounds that the child was s. 10(1). aged 16 or older; or (b) the accused was not more than 2 years older than the child; or (c) the accused satisfies the court on the balance S. 47(2)(c) amended by of probabilities that he or she believed on No. 2/2006 reasonable grounds that he or she was s. 10(1). married to the child.
S. 46 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 item 5), 48/1997 s. 60(1)(Sch. 1 item 23), repealed by No. 67/2000 s. 5. * * * * * S. 47 substituted by No. 8/1991 s. 3. 47 Indecent act with child under the age of 16 S. 47(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 6), 48/1997 s. 60(1)(Sch. 1 item 24), 74/2014 s. 5(2). (1) A person must not wilfully commit, or wilfully be in any way a party to the commission of, an indecent act with or in the presence of a child under the age of 16. Level 5 imprisonment (10 years maximum). (2) Consent is not a defence to a charge under subsection (1) unless at the time of the alleged offence— S. 47(2)(a) amended by No. 2/2006 s. 10(1). (a) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that the child was aged 16 or older; or (b) the accused was not more than 2 years older than the child; or S. 47(2)(c) amended by No. 2/2006 s. 10(1). (c) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that he or she was married to the child.