s. 48 (4) A person who is guilty of an offence under S. 47A(4) subsection (1) is liable to level 2 imprisonment substituted by No. 48/1997 (25 years maximum). s. 60(1)(Sch. 1 item 25). (5) If on the trial of a person charged with an offence against subsection (1) the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that the accused did an act during that period which constitutes an offence against Subdivision (8A), (8B), (8C), (8D) or (8E) of Division 1 of Part I, the jury must acquit the accused of the offence charged but may find him or her guilty of that other offence and he or she is liable to punishment accordingly. (6) Subsection (5) does not restrict the operation of section 421 or 422. (7) A prosecution for an offence under subsection (1) must not be commenced without the consent of the Director of Public Prosecutions. 48 Sexual penetration of 16 or 17 year old child S. 48 (Heading) inserted by No. 2/2006 s. 12(1). S. 48 substituted by No. 8/1991 s. 3. (1) A person must not take part in an act of sexual S. 48(1) amended by penetration with a 16 or 17 year old child to Nos 49/1991 whom he or she is not married and who is under s. 119(3) (Sch. 3 his or her care, supervision or authority. item 7), 48/1997 Level 5 imprisonment (10 years s. 60(1)(Sch. 1 item 24). maximum).
S. 47A(4) substituted by No. 48/1997 s. 60(1)(Sch. 1 item 25). (4) A person who is guilty of an offence under subsection (1) is liable to level 2 imprisonment (25 years maximum). s. 48 (5) If on the trial of a person charged with an offence against subsection (1) the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that the accused did an act during that period which constitutes an offence against Subdivision (8A), (8B), (8C), (8D) or (8E) of Division 1 of Part I, the jury must acquit the accused of the offence charged but may find him or her guilty of that other offence and he or she is liable to punishment accordingly. (6) Subsection (5) does not restrict the operation of section 421 or 422. (7) A prosecution for an offence under subsection (1) must not be commenced without the consent of the Director of Public Prosecutions. S. 48 (Heading) inserted by No. 2/2006 s. 12(1). S. 48 substituted by No. 8/1991 s. 3. 48 Sexual penetration of 16 or 17 year old child S. 48(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 7), 48/1997 s. 60(1)(Sch. 1 item 24). (1) A person must not take part in an act of sexual penetration with a 16 or 17 year old child to whom he or she is not married and who is under his or her care, supervision or authority. Level 5 imprisonment (10 years maximum).
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