Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

49A Sexual penetration of a child under the age of 12

(1)A person (A) commits an offence if—

(a)A intentionally—

(i)sexually penetrates another person (B); or

(ii)causes or allows B to sexually penetrate A; or

(iii)causes B—

(A)to sexually penetrate themselves; or

(B)to sexually penetrate another person (C); or

(C)to be sexually penetrated by C; and

(b)B is a child under the age of 12 years.

(2)A person who commits an offence against subsection (1) is liable to level 2 imprisonment (25 years maximum).

(3)The standard sentence for an offence against subsection (1) is 10 years.

S. 49A(3) inserted by No. 34/2017 s. 27(1).

1An exception applies to this offence—see section 49T.

2A mistaken but honest and reasonable belief that B was

12years of age or more is not a defence to this offence— see section 49ZC.

3See sections 5A and 5B of the Sentencing Act 1991 as to standard sentences.

4An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.