Part 1E+W+N.I.Sexual Offences

Child sex offencesE+W

9Sexual activity with a childE+W

(1)A person aged 18 or over (A) commits an offence if—

(a)he intentionally touches another person (B),

(b)the touching is sexual, and

(c)either—

(i)B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii)B is under 13.

(2)A person guilty of an offence under this section, if the touching involved—

(a)penetration of B’s anus or vagina with a part of A’s body or anything else,

(b)penetration of B’s mouth with A’s penis,

(c)penetration of A’s anus or vagina with a part of B’s body, or

(d)penetration of A’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(3)Unless subsection (2) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

10Causing or inciting a child to engage in sexual activityE+W

(1)A person aged 18 or over (A) commits an offence if—

(a)he intentionally causes or incites another person (B) to engage in an activity,

(b)the activity is sexual, and

(c)either—

(i)B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii)B is under 13.

(2)A person guilty of an offence under this section, if the activity caused or incited involved—

(a)penetration of B’s anus or vagina,

(b)penetration of B’s mouth with a person’s penis,

(c)penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

(d)penetration of a person’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(3)Unless subsection (2) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

11Engaging in sexual activity in the presence of a childE+W

(1)A person aged 18 or over (A) commits an offence if—

(a)he intentionally engages in an activity,

(b)the activity is sexual,

(c)for the purpose of obtaining sexual gratification, he engages in it—

(i)when another person (B) is present or is in a place from which A can be observed, and

(ii)knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, and

(d)either—

(i)B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii)B is under 13.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

12Causing a child to watch a sexual actE+W

(1)A person aged 18 or over (A) commits an offence if—

(a)for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

(b)the activity is sexual, and

(c)either—

(i)B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii)B is under 13.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

13Child sex offences committed by children or young personsE+W

(1)A person under 18 commits an offence if he does anything which would be an offence under any of sections 9 to 12 if he were aged 18.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

14Arranging or facilitating commission of a child sex offenceE+W

(1)A person commits an offence if—

(a)he intentionally arranges or facilitates something that he intends to do, intends another person to do, or believes that another person will do, in any part of the world, and

(b)doing it will involve the commission of an offence under any of sections [F15] to 13.

(2)A person does not commit an offence under this section if—

(a)he arranges or facilitates something that he believes another person will do, but that he does not intend to do or intend another person to do, and

(b)any offence within subsection (1)(b) would be an offence against a child for whose protection he acts.

(3)For the purposes of subsection (2), a person acts for the protection of a child if he acts for the purpose of—

(a)protecting the child from sexually transmitted infection,

(b)protecting the physical safety of the child,

(c)preventing the child from becoming pregnant, or

(d)promoting the child’s emotional well-being by the giving of advice,

and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence within subsection (1)(b) or the child’s participation in it.

(4)A person guilty of an offence under this section is liable [F2to the penalty to which the person would be liable on conviction of the offence within subsection (1)(b)].

15Meeting a child following sexual grooming etc.E+W

[F3(1)A person aged 18 or over (A) commits an offence if—

[F4(a)A has met or communicated with another person (B) [F5on one or more occasions] and subsequently—

(i)A intentionally meets B,

(ii)A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or

(iii)B travels with the intention of meeting A in any part of the world,

(b)A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence,]

(c)B is under 16, and

(d)A does not reasonably believe that B is 16 or over.

(2)In subsection (1)—

(a)the reference to A having met or communicated with B is a reference to A having met B in any part of the world or having communicated with B by any means from, to or in any part of the world;

(b)“relevant offence” means—

(i)an offence under this Part,

(ii)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)anything done outside England and Wales F7. . . which is not an offence within sub-paragraph (i) F7. . . but would be an offence within sub-paragraph (i) if done in England and Wales.

(3)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.]

[F915ASexual communication with a childE+W

(1)A person aged 18 or over (A) commits an offence if—

(a)for the purpose of obtaining sexual gratification, A intentionally communicates with another person (B),

(b)the communication is sexual or is intended to encourage B to make (whether to A or to another) a communication that is sexual, and

(c)B is under 16 and A does not reasonably believe that B is 16 or over.

(2)For the purposes of this section, a communication is sexual if—

(a)any part of it relates to sexual activity, or

(b)a reasonable person would, in all the circumstances but regardless of any person's purpose, consider any part of the communication to be sexual;

and in paragraph (a) “sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person's purpose, consider to be sexual.

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding [F10the general limit in a magistrates’ court] or a fine or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years.]