(1)
Every one who commits sexual violation is liable to imprisonment for a term not exceeding 20 years.
(2)
A person convicted of sexual violation must be sentenced to imprisonment unless, having regard to the matters stated in subsection (3), the court thinks that the person should not be sentenced to imprisonment.
(3)
The matters are—
the particular circumstances of the person convicted; and
the particular circumstances of the offence, including the nature of the conduct constituting it.
Section 128B: replaced, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).