(b) is to be determined by the trial judge if the accused pleads guilty to the offence. S. 44(2) (2) A person must not take part in an act of sexual amended by penetration with a person under the age of 18 Nos 49/1991 whom he or she knows to be the child or other s. 119(3) (Sch. 3 lineal descendant or the step-child of his or her item 3A), de facto spouse. 48/1997 s. 60(1)(Sch. 1 item 21(a)). Level 2 imprisonment (25 years maximum). S. 44(2A) (2A) The baseline sentence for an offence under inserted by subsection (2) is 10 years. No. 52/2014 s. 13(2). Note See section 5A of the Sentencing Act 1991 as to baseline sentences. S. 44(3) (3) A person who is aged 18 or older must not take amended by part in an act of sexual penetration with a person Nos 49/1991 whom he or she knows to be his or her father or s. 119(3) (Sch. 3 mother or other lineal ancestor or his or her item 4), stepfather or step-mother. 48/1997 s. 60(1)(Sch. 1 item 21(b)). Level 6 imprisonment (5 years maximum). S. 44(4) (4) A person must not take part in an act of sexual amended by penetration with a person whom he or she knows Nos 49/1991 to be his or her sister, half-sister, brother or s. 119(3) (Sch. 3 item 4), 48/1997 Level 6 imprisonment (5 years s. 60(1)(Sch. 1 item 21(b)). maximum). (5) Consent is not a defence to a charge under this section. (6) A person who is compelled by another person to S. 44(6) substituted by take part in an act of sexual penetration in any of No. 2/2006 the circumstances referred to in subsection (1), s. 8. (2), (3) or (4) is not guilty of an offence against this section.
(b) is to be determined by the trial judge if the accused pleads guilty to the offence. S. 44(2) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 3A), 48/1997 s. 60(1)(Sch. 1 item 21(a)). (2) A person must not take part in an act of sexual penetration with a person under the age of 18 whom he or she knows to be the child or other lineal descendant or the step-child of his or her de facto spouse. Level 2 imprisonment (25 years maximum). S. 44(2A) inserted by No. 52/2014 s. 13(2). (2A) The baseline sentence for an offence under subsection (2) is 10 years. Note See section 5A of the Sentencing Act 1991 as to baseline sentences. S. 44(3) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 4), 48/1997 s. 60(1)(Sch. 1 item 21(b)). (3) A person who is aged 18 or older must not take part in an act of sexual penetration with a person whom he or she knows to be his or her father or mother or other lineal ancestor or his or her stepfather or step-mother. Level 6 imprisonment (5 years maximum). S. 44(4) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 4), 48/1997 s. 60(1)(Sch. 1 item 21(b)). (4) A person must not take part in an act of sexual penetration with a person whom he or she knows to be his or her sister, half-sister, brother or Level 6 imprisonment (5 years maximum). (5) Consent is not a defence to a charge under this section. S. 44(6) substituted by No. 2/2006 s. 8. (6) A person who is compelled by another person to take part in an act of sexual penetration in any of the circumstances referred to in subsection (1), (2), (3) or (4) is not guilty of an offence against this section.
58-6231a249C.docx