(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; (h) the child's counsellor; (i) the child's health professional; (j) a police officer acting in the course of his or S. 48(4)(j) amended by her duty in respect of the child; No. 37/2014 s. 10(Sch. item 36.4). (k) employed in, or providing services in, a S. 48(4)(k) amended by remand centre, youth residential centre, No. 8/2008 youth justice centre or prison and is acting in s. 22(1). the course of his or her duty in respect of the child. 49 Indecent act with 16 or 17 year old child S. 49 substituted by No. 8/1991 (1) A person must not wilfully commit, or wilfully be s. 3, in any way a party to the commission of, an amended by Nos 49/1991 indecent act with or in the presence of a 16 or s. 119(3) 17 year old child to whom he or she is not married (Sch. 3 item 8), and who is under his or her care, supervision or 48/1997 authority. s. 60(1)(Sch. 1 item 26), Level 6 imprisonment (5 years substituted by No. 2/2006 maximum). 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.
(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; (h) the child's counsellor; (i) the child's health professional; S. 48(4)(j) amended by No. 37/2014 s. 10(Sch. item 36.4). (j) a police officer acting in the course of his or her duty in respect of the child; S. 48(4)(k) amended by No. 8/2008 s. 22(1). (k) employed in, or providing services in, a remand centre, youth residential centre, youth justice centre or prison and is acting in the course of his or her duty in respect of the child. 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 (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.
58-6231a261.docx