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.

50C Sexual penetration of a child or lineal descendant

(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; and

(b)B is A's child or lineal descendant; and

(c)A knows that B is A's child or lineal descendant.

(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 if B is, at the time of the offence, under the age of 18 years.

S. 50C(3) inserted by No. 34/2017 s. 33(1).

1An exception applies to this offence—see section 50G.

2A defence applies to this offence—see section 50H.

3B's consent is not a defence to this offence—see section 50K.

4See sections 5A and 5B of the Sentencing Act 1991 as to standard sentences.

5An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991 if B is, at the time of the offence, under the age of 18 years. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.