(1A) The baseline sentence for an offence under S. 44(1A) subsection (1) is 10 years if the court is satisfied inserted by No. 52/2014 beyond reasonable doubt that the victim was, at s. 13(1). the time of the offence, under the age of 18. Note See section 5A of the Sentencing Act 1991 as to baseline sentences. (1B) The circumstance described in subsection (1A)— S. 44(1B) inserted by No. 52/2014 (a) is to be determined by the jury if the accused s. 13(1). pleads not guilty to the offence; and (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 s. 119(3) whom he or she knows to be the child or other (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 s. 119(3) whom he or she knows to be his or her father or (Sch. 3 mother or other lineal ancestor or his or her item 4), 48/1997 stepfather or step-mother. s. 60(1)(Sch. 1 item 21(b)). Level 6 imprisonment (5 years maximum).
S. 44(1A) inserted by No. 52/2014 s. 13(1). (1A) The baseline sentence for an offence under subsection (1) is 10 years if the court is satisfied beyond reasonable doubt that the victim was, at the time of the offence, under the age of 18. Note See section 5A of the Sentencing Act 1991 as to baseline sentences. S. 44(1B) inserted by No. 52/2014 s. 13(1). (1B) The circumstance described in subsection (1A)— (a) is to be determined by the jury if the accused pleads not guilty to the offence; and (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).
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