(8B) Incest Pt 1 Div. 1 Subdiv. (8B) (Heading and s. 51) inserted by No. 9509 s. 5, amended by No. 102/1986 s. 9(a)–(c), substituted as Pt 1 Div. 1 Subdiv. (8B) (Heading and s. 44) by No. 8/1991 s. 3. 44 Incest S. 44 substituted by No. 8/1991 s. 3. (1) A person must not take part in an act of sexual S. 44(1) amended by penetration with a person whom he or she knows Nos 49/1991 to be his or her child or other lineal descendant or s. 119(3) (Sch. 3 his or her step-child. item 3A), 48/1997 Level 2 imprisonment (25 years s. 60(1)(Sch. 1 item 21(a)). maximum). (1A) The baseline sentence for an offence under S. 44(1A) inserted by subsection (1) is 10 years if the court is satisfied 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
Pt 1 Div. 1 Subdiv. (8B) (Heading and s. 51) inserted by No. 9509 s. 5, amended by No. 102/1986 s. 9(a)–(c), substituted as Pt 1 Div. 1 Subdiv. (8B) (Heading and s. 44) by No. 8/1991 s. 3. (8B) Incest S. 44 substituted by No. 8/1991 s. 3. 44 Incest S. 44(1) amended by Nos 49/1991 s. 119(3) (Sch. 3 item 3A), 48/1997 s. 60(1)(Sch. 1 item 21(a)). (1) A person must not take part in an act of sexual penetration with a person whom he or she knows to be his or her child or other lineal descendant or his or her step-child. Level 2 imprisonment (25 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
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