Part 1Sexual Offences
F3Sexual exploitation of children
47Paying for sexual services of a child
F11
A person (A) commits an offence if—
a
he intentionally obtains for himself the sexual services of another person (B),
b
before obtaining those services, he has made or promised payment for those services to B or a third person, or knows that another person has made or promised such a payment, and
c
either—
i
B is under 18, and A does not reasonably believe that B is 18 or over, or
ii
B is under 13.
2
In this section, “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.
3
A person guilty of an offence under this section against a person under 13, where subsection (6) applies, is liable on conviction on indictment to imprisonment for life.
4
Unless subsection (3) applies, a person guilty of an offence under this section against a person under 16 is liable—
a
where subsection (6) applies, on conviction on indictment, to imprisonment for a term not exceeding 14 years;
b
in any other case—
i
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
ii
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
5
Unless subsection (3) or (4) 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 a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 7 years.
6
This subsection applies where the offence 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 by B with anything else, or
d
penetration of A’s mouth with B’s penis.
7
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 47 cross-heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(2), 88(1); S.I. 2015/820, reg. 2(l)