52 Sexual offences against persons with a cognitive S. 52 impairment by workers (Heading) inserted by No. 2/2006 s. 17(1), amended by No. 49/2010 s. 228. S. 52 substituted by No. 8/1991 s. 3. (1) A worker at a facility must not take part in an act S. 52(1) amended by of sexual penetration with a person with a Nos 49/1991 cognitive impairment who— s. 119(3) (Sch. 3 item 9), (a) is residing at the facility or attending the 48/1997 facility to take part in a program specially s. 60(1)(Sch. 1 item 28), designed to meet the developmental or substituted by educational needs of persons with a No. 2/2006 s. 17(2). cognitive impairment; and (b) is not his or her spouse or domestic partner. Level 5 imprisonment (10 years maximum). (2) A worker at a facility must not commit, or be in S. 52(2) amended by any way a party to the commission of, an indecent Nos 49/1991 act with a person with a cognitive impairment s. 119(3) (Sch. 3 who— item 8), 48/1997 (a) is residing at the facility or attending the s. 60(1)(Sch. 1 item 29), facility to take part in a program specially substituted by designed to meet the developmental or No. 2/2006 s. 17(3). educational needs of persons with a cognitive impairment; and (b) is not his or her spouse or domestic partner. Level 6 imprisonment (5 years maximum). (3) Consent is not a defence to a charge under this S. 52(3) amended by section unless the accused satisfies the court on No. 2/2006 the balance of probabilities that at the time of the s. 17(4)(a)(b).
S. 52 (Heading) inserted by No. 2/2006 s. 17(1), amended by No. 49/2010 s. 228. S. 52 substituted by No. 8/1991 s. 3. 52 Sexual offences against persons with a cognitive impairment by workers S. 52(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 9), 48/1997 s. 60(1)(Sch. 1 item 28), substituted by No. 2/2006 s. 17(2). (1) A worker at a facility must not take part in an act of sexual penetration with a person with a cognitive impairment who— (a) is residing at the facility or attending the facility to take part in a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment; and (b) is not his or her spouse or domestic partner. Level 5 imprisonment (10 years maximum). S. 52(2) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 8), 48/1997 s. 60(1)(Sch. 1 item 29), substituted by No. 2/2006 s. 17(3). (2) A worker at a facility must not commit, or be in any way a party to the commission of, an indecent act with a person with a cognitive impairment who— (a) is residing at the facility or attending the facility to take part in a program specially designed to meet the developmental or educational needs of persons with a cognitive impairment; and (b) is not his or her spouse or domestic partner. Level 6 imprisonment (5 years maximum). S. 52(3) amended by No. 2/2006 s. 17(4)(a)(b). (3) Consent is not a defence to a charge under this section unless the accused satisfies the court on the balance of probabilities that at the time of the
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