(3A) In this section,
"circumstances of aggravation" means circumstances in which--
(a) the alleged
victim is under 10 years of age, or
(b) 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
(c) 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
(d) the
alleged offender is in the company of another person or persons, or
(e) the
alleged victim is, whether generally or at the time of the commission of the
offence, under the authority of the alleged offender, or
(f) the alleged
victim has a serious physical disability, or
(3B) In proceedings for an offence against this
section, it is not necessary to prove that the accused knew the age of the
child concerned.
(3C) If on the trial of a person charged with an offence
against subsection (3) the trier of fact is not satisfied that the offence is
proven but is satisfied that the person has committed an offence against
subsection (1) or (2), the trier of fact may acquit the person of the offence
charged and find the person guilty of an offence against subsection (1) or
(2). The person is liable to punishment accordingly.
(4) For the purposes of
this section, a person may have the care of a child without necessarily being
entitled by law to have the custody of the child.
(5) Where on the trial of a
person for an offence under subsection (1) the jury is not satisfied that the
accused is guilty of the offence charged, but is satisfied on the evidence
that the accused is guilty of an offence under subsection (2), it may find the
accused not guilty of the offence charged but guilty of the latter offence,
and the accused is liable to punishment accordingly.
(6) Proceedings for an
offence under this section against a child or young person may only be
instituted by or with the approval of the Director of Public Prosecutions.