(1)  In this section –

child means a person under the age of 18 years;

parent , of a child, includes –

(a) a step-parent, surrogate parent, adoptive parent, foster parent and guardian of the child; and

(b) any other person who has parental responsibility for the child;

person in a position of authority , in relation to a child, includes the following persons:

(a) a person who is a teacher, if the child is a pupil of the teacher or a pupil at the educational institution at which the teacher works;

(b) a parent of the child or a person who is in a significant relationship, within the meaning of the Relationships Act 2003 , with a parent of the child;

(c) a person who provides religious, sporting, musical or other instruction to the child;

(d) a person who is a religious official or spiritual leader (however described and including lay members and whether paid or unpaid) in a religious or spiritual group attended by the child;

(e) a health professional or social worker providing professional services to the child;

(f) a person who is responsible for the care of the child if that child has a cognitive impairment;

(g) a person employed or providing services in a prison, within the meaning of the Corrections Act 1997 , or a detention centre, within the meaning of the Youth Justice Act 1997 , or a person engaged in the administration of those Acts, acting in the course of the person's duties in relation to the child;

(h) a person employed or providing services in a child care service, within the meaning of the Children, Young Persons and Their Families Act 1997 , or a person engaged in the administration of that Act, acting in the course of the person's duties in relation to the child;

(i) a person who provides child care to, or a child care service in respect of, the child for fee or reward;

(j) an employer of the child or other person who has the authority to determine significant aspects of the child's terms and conditions of employment or to terminate the child's employment (whether the child is being paid in respect of that employment or is working in a voluntary capacity).

(2)  Any person who is 18 years of age or older is guilty of a crime if that person is in a position of authority in relation to a child and that person has sexual intercourse with that child.

Charge:  Penetrative sexual abuse of a child [ or young person] by a person in a position of authority.

(3)  Consent to sexual intercourse is not a defence to a charge under this section other than in circumstances where the age difference between the accused and the complainant is not more than 2 years.

(4)  This section does not apply to sexual intercourse between persons who are married to each other.