s. 49 49 Indecent act with 16 or 17 year old child S. 49 substituted by (1) A person must not wilfully commit, or wilfully be No. 8/1991 s. 3, in any way a party to the commission of, an amended by indecent act with or in the presence of a 16 or Nos 49/1991 17 year old child to whom he or she is not married s. 119(3) (Sch. 3 and who is under his or her care, supervision or item 8), authority. 48/1997 s. 60(1)(Sch. 1 item 26), Level 6 imprisonment (5 years substituted by maximum). No. 2/2006 s. 13. (2) Consent is not a defence to a charge under subsection (1) unless the accused satisfies the court on the balance of probabilities that at the time of the alleged offence the accused believed on reasonable grounds— (a) that the child was aged 18 or older; or (b) that he or she was married to the child. (3) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent. (4) For the purposes of subsection (1), and without limiting that subsection, a child is under the care, supervision or authority of a person if the person is— (a) the child's teacher; (b) the child's parent, adoptive parent, foster parent or step parent; (c) the child's legal guardian; (d) a minister of religion with pastoral responsibility for the child; (e) the child's employer; (f) the child's youth worker; (g) the child's sports coach;
S. 49 substituted by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3) (Sch. 3 item 8), 48/1997 s. 60(1)(Sch. 1 item 26), substituted by No. 2/2006 s. 13. 49 Indecent act with 16 or 17 year old child s. 49 (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 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 6 imprisonment (5 years maximum). (2) Consent is not a defence to a charge under subsection (1) unless the accused satisfies the court on the balance of probabilities that at the time of the alleged offence the accused believed on reasonable grounds— (a) that the child was aged 18 or older; or (b) that he or she was married to the child. (3) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent. (4) For the purposes of subsection (1), and without limiting that subsection, a child is under the care, supervision or authority of a person if the person is— (a) the child's teacher; (b) the child's parent, adoptive parent, foster parent or step parent; (c) the child's legal guardian; (d) a minister of religion with pastoral responsibility for the child; (e) the child's employer; (f) the child's youth worker; (g) the child's sports coach;
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