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Sexual Offences (Scotland) Act 2009

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This is the original version (as it was originally enacted).

22Causing a young child to be present during a sexual activity

This section has no associated Explanatory Notes

(1)If a person (“A”) either—

(a)intentionally engages in a sexual activity and for a purpose mentioned in subsection (2) does so in the presence of a child (“B”) who has not attained the age of 13 years, or

(b)intentionally and for a purpose mentioned in subsection (2) causes B to be present while a third person engages in such an activity,

then A commits an offence, to be known as the offence of causing a young child to be present during a sexual activity.

(2)The purposes are—

(a)obtaining sexual gratification,

(b)humiliating, distressing or alarming B.

(3)Without prejudice to the generality of subsection (1), the reference—

(a)in paragraph (a) of that subsection to A engaging in a sexual activity in the presence of B, includes a reference to A engaging in it in a place in which A can be observed by B other than by B looking at an image, and

(b)in paragraph (b) of that subsection to B being present while a third person engages in such an activity, includes a reference to B being in a place from which the third person can be so observed by B.

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