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CRIMES ACT 1958 - SECT 49V Defence to offence against a child under 16—similarity in age

CRIMES ACT 1958 - SECT 49V

Defence to offence against a child under 16—similarity in age

It is a defence to a charge for an offence against section 49B(1) if, at the time of the conduct constituting the offence—

        (a)     A was not more than 2 years older than B; and

        (b)     B was 12 years of age or more; and

        (c)     B consented to the sexual penetration.

Note

References to A and B in this section are references to the same A and B referred to in section 49B.

S. 49W inserted by No. 47/2016 s. 16.