Queensland Consolidated Acts

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CRIMINAL CODE 1899 - SECT 222

Incest

222 Incest

(1) Any person who—
(a) has carnal knowledge with or of the person’s offspring or other lineal descendant, or sibling, parent, grandparent, uncle, aunt, nephew or niece; and
(b) knows that the other person bears that relationship to him or her, or some relationship of that type to him or her;
commits a crime.
Penalty—
Maximum penalty—imprisonment for life.
(2) Any person who attempts to commit the crime of incest is liable to imprisonment for 10 years.
(3) It is immaterial that the act or attempted act of carnal knowledge happened with the consent of either person.
(4) It is a defence to a charge under this section to prove that the accused person was, at the time when the act or attempted act of carnal knowledge happened, acting under the coercion of the other person.
(5) A reference in this section to an offspring or other lineal descendant, or a sibling or a parent includes a relationship of that type that is a half, adoptive or step relationship.
(6) For subsection (5) , a reference to a step relationship includes a relationship corresponding to a step relationship arising because of cohabitation in a de facto relationship or because of a foster relationship or a legal arrangement.
(7) Also, for subsection (5) , a reference to a step relationship does not include a step relationship that first arose after the relevant persons became adults.
(7A) Also, if a parentage order is made under the Surrogacy Act 2010 , a reference in this section to an offspring or other lineal descendant, or a sibling or a parent includes a relationship of that type that—
(a) existed before the making of the order; or
(b) came into existence as a result of the making of the order regardless of whether the order has been discharged.
(8) This section does not apply to carnal knowledge between persons who are—
(a) lawfully married; or
(b) if both persons are adults—entitled to be lawfully married.



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