(a) if the court is satisfied beyond reasonable S. 45(2)(a) doubt that the child was, at the time of the amended by No. 7/2010 offence, under the age of 12, to level 2 s. 3(1). imprisonment (25 years maximum); or (b) if the court is satisfied beyond reasonable S. 45(2)(b) amended by doubt that the child was, at the time of the No. 7/2010 offence, aged between 12 and 16 and under s. 3(2). the care, supervision or authority of the accused, to level 4 imprisonment (15 years maximum); or S. 45(2)(c) (c) in any other case of sexual penetration of a substituted by child between the ages of 12 and 16, to No. 7/2010 s. 3(3). level 5 imprisonment (10 years maximum). (2A) The baseline sentence for an offence against S. 45(2A) inserted by subsection (1) committed in the circumstance of No. 52/2014 aggravation described in subsection (2)(a) is s. 14. 10 years. Note See section 5A of the Sentencing Act 1991 as to baseline sentences. * * * * * S. 45(3) amended by No. 7/2010 s. 3(4), repealed by No. 74/2014 s. 5(1). (4) Consent is not a defence to a charge under S. 45(4) amended by subsection (1) unless at the time of the alleged No. 7/2010 s. 3(5). offence the child was aged 12 or older and— (a) the accused satisfies the court on the balance S. 45(4)(a) amended by of probabilities that he or she believed on No. 2/2006 reasonable grounds that the child was s. 9(1). aged 16 or older; or (b) the accused was not more than 2 years older than the child; or
S. 45(2)(a) amended by No. 7/2010 s. 3(1). (a) if the court is satisfied beyond reasonable doubt that the child was, at the time of the offence, under the age of 12, to level 2 imprisonment (25 years maximum); or S. 45(2)(b) amended by No. 7/2010 s. 3(2). (b) if the court is satisfied beyond reasonable doubt that the child was, at the time of the offence, aged between 12 and 16 and under the care, supervision or authority of the accused, to level 4 imprisonment (15 years maximum); or S. 45(2)(c) substituted by No. 7/2010 s. 3(3). (c) in any other case of sexual penetration of a child between the ages of 12 and 16, to level 5 imprisonment (10 years maximum). S. 45(2A) inserted by No. 52/2014 s. 14. (2A) The baseline sentence for an offence against subsection (1) committed in the circumstance of aggravation described in subsection (2)(a) is 10 years. Note See section 5A of the Sentencing Act 1991 as to baseline sentences. S. 45(3) amended by No. 7/2010 s. 3(4), repealed by No. 74/2014 s. 5(1). * * * * * S. 45(4) amended by No. 7/2010 s. 3(5). (4) Consent is not a defence to a charge under subsection (1) unless at the time of the alleged offence the child was aged 12 or older and— S. 45(4)(a) amended by No. 2/2006 s. 9(1). (a) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that the child was aged 16 or older; or (b) the accused was not more than 2 years older than the child; or
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