Section 78A — Crimes Act 1900 (NSW)

(1) Any person who has sexual intercourse with a close family member who is of or above the age of 16 years is liable to imprisonment for 8 years.
(1A) A person does not commit an offence under this section if the person is of or above the age of 16 years and under the age of 18 years at the time the offence is alleged to have been committed and the other person to whom the charge relates is the person’s parent or grandparent.
(2) For the purposes of this section, a close family member is a parent, son, daughter, sibling (including a half-brother or half-sister), grandparent or grandchild, being such a family member from birth.

Related sections

• s 72B — Definitions
• s 73 — Sexual intercourse—young person between 16 and 18 under special care
• s 73A — Sexual touching—young person between 16 and 18 under special care
• s 78B — Incest attempts
• s 78C — Defences
• s 78F — Sanction of Attorney General or Director of Public Prosecutions

Research how courts apply s 78A

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.