The man is charged under § 195 of the Penal Code:
Whoever has sexual intercourse with children under 14, punishable by imprisonment up to 10 years. If the act was sexual intercourse, the penalty is imprisonment for at least three years.
The prison up to 21 years may be imposed if
a) the offense is committed jointly by several persons,
b) the offense is committed in a particularly painful or offensive manner,
c) the offense is committed against a child under 10 years and it has been repeated assaults,
d) the offender has previously been convicted under this section or under § 192, or
e) aggrieved as a result of the action dies or sustains serious injury to body or health. Sexually transmitted diseases and communicable disease, ref. Control Act § 1-3, no. 3 ref. No. 1, are always considered serious injury to body or health pursuant to this section.
Misapprehension of age does not negate guilt .
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