(1) A person (A) commits an offence if—
(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.
(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
S. 40(3)(4) repealed by No. 47/2016 s. 12(1).
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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.