(1) A person (A) commits an offence if—
(a) A intentionally—
(i) sexually penetrates another person (B); or
(ii) causes or allows B to sexually penetrate A; or
(iii) causes B—
(A) to sexually penetrate themselves; or
(B) to sexually penetrate another person (C); or
(C) to be sexually penetrated by C; and
(b) B is a child under the age of 12 years.
(2) A person who commits an offence against subsection (1) is liable to level 2 imprisonment (25 years maximum).
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.