New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 66C

66C Sexual intercourse--child between 10 and 16

(1) Child between 10 and 14 Any person who has sexual intercourse with a child who is of or above the age of 10 years and under the age of 14 years is liable to imprisonment for 16 years.

(2) Child between 10 and 14--aggravated offence Any person who has sexual intercourse with a child who is of or above the age of 10 years and under the age of 14 years in circumstances of aggravation is liable to imprisonment for 20 years.

(3) Child between 14 and 16 Any person who has sexual intercourse with a child who is of or above the age of 14 years and under the age of 16 years is liable to imprisonment for 10 years.

(4) Child between 14 and 16--aggravated offence Any person who has sexual intercourse with a child who is of or above the age of 14 years and under the age of 16 years in circumstances of aggravation is liable to imprisonment for 12 years.

(5) In this section,
"circumstances of aggravation" means circumstances in which--

(a) at the time of, or immediately before or after, the commission of the offence, the accused person intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby, or

(b) at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or

(c) the accused person is in the company of another person or persons, or

(d) the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or

(e) the complainant has a serious physical disability, or

(f) the complainant has a cognitive impairment, or

(g) the accused person took advantage of the complainant being under the influence of alcohol or a drug in order to commit the offence, or

(h) the accused person deprives the complainant of his or her liberty for a period before or after the commission of the offence, or

(i) the accused person breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence.