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Contents (1900 - 40)
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Crimes Act 1900 No 40
Current version for 14 August 2017 to date (accessed 21 August 2017 at 16:27)
Part 3 Division 10 Section 66C
66C   Sexual intercourse—child between 10 and 16
(1) Child between 10 and 14 Any person who has sexual intercourse with another person 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 another person 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 another person 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 another person 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 alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim 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 alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or
(c)  the alleged offender is in the company of another person or persons, or
(d)  the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or
(e)  the alleged victim has a serious physical disability, or
(f)  the alleged victim has a cognitive impairment, or
(g)  the alleged offender took advantage of the alleged victim being under the influence of alcohol or a drug in order to commit the offence, or
(h)  the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence, or
(i)  the alleged offender breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence.