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.

49B Sexual penetration of a child under the age of 16

(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 16 years.

(2)A person who commits an offence against subsection (1) is liable to level 4 imprisonment (15 years maximum).

(3)The standard sentence for an offence against subsection (1) is 6 years.

S. 49B(3) inserted by No. 34/2017 s. 28(1).

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

2Defences apply to this offence—see sections 49V and 49W.

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