Section 128B — Crimes Act 1961: Sexual violation

128B Sexual violation (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— (a) the particular circumstances of the person convicted; and (b) the particular circumstances of the offence, including the nature of the conduct constituting it. Section 128B was inserted, as from 1 February 1986, by section 2 Crimes Amendment Act (No 3) 1985 (1985 No 160). Subsection (1) was substituted, as from 1 September 1993, by section 2 Crimes Amendment Act (No 2) 1993 (1993 No 46) and further substituted, as from 1 September 1993, by section 2 Crimes Amendment Act (No 3) 1993. Subsection (3) was inserted, as from 2 July 1999, by section 4 Crimes (Home Invasion) Amendment Act 1999 (1999 No 75). Subsection (3) was repealed, as from 30 June 2002, by section 164(b) Sentencing Act 2002 (2002 No 9). See sections 148 to 160 Sentencing Act 2002 (2002 No 9) for the savings and transitional provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176). Section 128B was substituted, as from 20 May 2005, by section 7 Crimes Amendment Act 2005 (2005 No 41). See sections 12 and 13 of that Act for the transitional provisions.