New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 66A

66A Sexual intercourse-child under 10

(1) Child under 10 Any person who has sexual intercourse with another person who is under the age of 10 years is guilty of an offence.

Maximum penalty: imprisonment for 25 years.

(2) Child under 10-aggravated offence Any person who has sexual intercourse with another person who is under the age of 10 years in circumstances of aggravation is guilty of an offence.

Maximum penalty: imprisonment for life.

(3) 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.

(4) A person sentenced to imprisonment for life for an offence under subsection (2) is to serve that sentence for the term of the person’s natural life.

(5) Nothing in this section affects the operation of section 21 of the Crimes (Sentencing Procedure) Act 1999 (which authorises the passing of a lesser sentence than imprisonment for life).

(6) Nothing in this section affects the prerogative of mercy.

(7) If on the trial of a person charged with another offence against this Act the person is instead found guilty of an offence against this section (as provided by section 61Q), the maximum penalty that may be imposed on the person for the offence against this section is the penalty for the offence charged.