134A Defence to charge under section 134

(1)

It is a defence to a charge under section 134 if the person charged proves that,—

(a)

before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and

(b)

at the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years; and

(c)

the young person consented.

(2)

Except to the extent provided in subsection (1),—

(a)

it is not a defence to a charge under section 134 that the young person concerned consented; and

(b)

it is not a defence to a charge under section 134 that the person charged believed that the young person concerned was of or over the age of 16 years.

Section 134A: inserted, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).