Criminal Law Code as at 1st March 2007 74 Bestiality Any person who knowingly commits any sexual act with an animal or bird shall be guilty of bestiality and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding one year or both. 75 Sexual intercourse within a prohibited degree of relationship (1) In this section⎯ “first cousin”, in relation to any person, means the child or any descendant of the child of the uncle or aunt of such person; “second cousin”, in relation to any person, means the child or any descendant of the child of the great-uncle or great-aunt of such person. (2) Where sexual intercourse takes place between⎯ (a) a parent and his or her natural child, whether born in or out of wedlock, or adopted child, whether the child is under the age of eighteen years or not; or (b) a step-parent and his or her step-child, whether the step-child’s parent and step-parent are married under the Marriage Act [Chapter 5:11] or the Customary Marriages Act [Chapter 5:07], or are parties to an unregistered customary law marriage, and whether or not the child was over the age of eighteen years at the time of the marriage; or (c) a brother and sister, whether of whole or half blood; or (d) an uncle and his niece; or (e) a grand-uncle and his grand-niece; or (f) an aunt and her nephew; or (g) a grand-aunt and her grand-nephew; or (h) a grandparent and his or her grandchild; or (i) subject to subsection (3), any person and his or her first or second cousin; or (j) any person and an ascendant or descendant of his or her spouse or former spouse, whether the person and his or her spouse or former spouse are or were married under the Marriage Act [Chapter 5:11] or the Customary Marriages Act [Chapter 5:07], or are or were parties to an unregistered customary law marriage; or (k) any person and his or her ascendant or descendant in any degree; or (l) any person and a descendant of a brother or sister, whether of whole or half blood; and either or both of the parties know or realise that there is a real risk or possibility that they are related to each other in any of the foregoing degrees of relationship, either or both parties to the intercourse, as the case may be, shall be guilty of sexual intercourse within a prohibited degree of relationship and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding five years or both. (3) It shall be a defence to a charge of sexual intercourse within a prohibited degree of relationship as between first or second cousins for the accused to prove⎯ (a) in the case of a person who is not a member of a community governed by customary law, that the cultural or religious customs or traditions of the community to which he or she belongs do not prohibit marriage between first or second cousins; or - 51 -