40Sexual assault

40 Sexual assault

(a) A intentionally touches another person (B); and

(b) the touching is sexual; and

(c) B does not consent to the touching; and

(d) A does not reasonably believe that B consents to the touching.

S. 40(3)(4) repealed by No. 47/2016 s. 12(1).

Note to s. 40 substituted as Notes by No. 47/2016 s. 12(2).

1 An exception applies to this offence—see section 48A.

2 A mistaken but honest and reasonable belief that the touching was not sexual is not a defence to this offence—see section 48B.

S. 41 inserted by No. 74/2014 s. 4.