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Contents (1900 - 40)
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Crimes Act 1900 No 40
Current version for 1 July 2019 to date (accessed 19 September 2019 at 02:03)
73   Sexual intercourse—young person between 16 and 18 under special care
(1)  Any person who has sexual intercourse with a young person who:
(a)  is under his or her special care, and
(b)  is of or above the age of 16 years and under the age of 17 years,
is liable to imprisonment for 8 years.
(2)  Any person who has sexual intercourse with a young person who:
(a)  is under his or her special care, and
(b)  is of or above the age of 17 years and under the age of 18 years,
is liable to imprisonment for 4 years.
(3)  For the purposes of this section, a young person (the victim) is under the special care of another person (the offender) if, and only if:
(a)  the offender is the step-parent, guardian or authorised carer of the victim or the de facto partner of a parent, guardian or authorised carer of the victim, or
(b)  the offender is a member of the teaching staff of the school at which the victim is a student, or
(c)  the offender has an established personal relationship with the victim in connection with the provision of religious, sporting, musical or other instruction to the victim, or
(d)  the offender is a custodial officer of an institution of which the victim is an inmate, or
(e)  the offender is a health professional and the victim is a patient of the health professional.
(4)    (Repealed)
(5)  A person does not commit an offence under this section if the person and the young person to whom the charge relates were, at the time the offence is alleged to have been committed, married to each other.
(6)    (Repealed)