Victorian Current Acts Victorian Current Acts(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; and
(b) B is a child or lineal descendant of A's spouse or domestic partner; and
(c) A knows that B is a child or lineal descendant of A's spouse or domestic partner.
(2) A person who commits an offence against subsection (1) is liable to level 2 imprisonment (25 years maximum).
S. 50D(3) inserted by No. 34/2017 s. 34(1).
(3) The standard sentence for an offence against subsection (1) is 10 years if B is, at the time of the offence, under the age of 18 years.
Notes
1 Exceptions apply to this offence—see sections 50G and 50I.
2 A defence applies to this offence—see section 50H.
3 B's consent is not a defence to this offence—see section 50K.
Note 4 to s. 50D inserted by No. 65/2016 s. 24(4), substituted by No. 34/2017 s. 34(2).
4 See sections 5A and 5B of the Sentencing Act 1991 as to standard sentences.
Note 5 to s. 50D inserted by No. 34/2017 s. 34(2).
5 An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991 if B is, at the time of the offence, under the age of 18 years. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.
S. 50E inserted by No. 47/2016 s. 16.