49ASexual penetration of a child under the age of 12

49A Sexual penetration of a child under the age of 12

(b) B is a child under the age of 12 years.

S. 49A(3) inserted by No. 34/2017 s. 27(1).

(3) The standard sentence for an offence against subsection (1) is 10 years.

1 An exception applies to this offence—see section 49T.

2 A mistaken but honest and reasonable belief that B was 12 years of age or more is not a defence to this offence—see section 49ZC.

Note 3 to s. 49A inserted by No. 65/2016 s. 24(1), substituted by No. 34/2017 s. 27(2).

3 See sections 5A and 5B of the Sentencing Act 1991 as to standard sentences.

Note 4 to s. 49A inserted by No. 34/2017 s. 27(2).

4 An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.

New s. 49B inserted by No. 47/2016 s. 16.