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Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Part 1 — Sexual Offences

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Indecent photographs of children

 52    Indecent photographs of persons aged 16 or 17

     (1)    The Protection of Children Act 1978 (c. 37) (which makes provision about

indecent photographs of persons under 16) is amended as follows.

     (2)    In section 2(3) (evidence) and section 7(6) (meaning of “child”), for “16”

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substitute “18”.

     (3)    After section 1 insert—

       “1A                          Exceptions where a child aged 16 or over consents

           (1)           It is not an offence under section 1(1)(a) for a person to take or make an

indecent photograph of a child aged 16 or over with the consent of the

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child.

           (2)           It is not an offence under section 1(1)(a) for one person to permit

another to take, with the consent of a child aged 16 or over, an indecent

photograph of that child.

           (3)           Where a person takes or makes an indecent photograph of a child aged

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16 or over with the consent of the child, it is not an offence—

                  (a)                 under section 1(1)(b), for him to distribute or show the

photograph to the child, or

                  (b)                 under section 1(1)(c), for him to have the photograph in his

possession with the child’s consent with a view to its being

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distributed or shown by him only to the child.”

     (4)    In section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent

photograph of child), after subsection (1) insert—

           “(1A)              Where a person takes or makes an indecent photograph of a child aged

16 or over with the consent of the child, it is not an offence under

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subsection (1) above for him to have the photograph in his possession

with the child’s consent.”

     (5)    This section does not apply to photographs or pseudo-photographs taken or

made before the commencement of this section.

 53    Criminal investigations or proceedings

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After section 1A of the Protection of Children Act 1978 insert—

       “1B   Exception for criminal investigations or proceedings

           (1)           It is not an offence under section 1(1)(a) for a person to make an

indecent photograph or pseudo-photograph of a child—

                  (a)                 if it is necessary to do so, for the purposes of criminal

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proceedings in any part of the world, or

                  (b)                 in accordance with an authorisation under this section.

           (2)           An authorisation may be given only if it appears to the person or

persons giving it to be necessary for the purposes of the prevention,

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

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           (2)           detection or investigation of crime in any part of the world, or for any

particular purpose falling within those purposes.

           (3)           An authorisation—

                  (a)                 must be in writing,

                  (b)                 must specify the person to whom it is given and the purpose or

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purposes for which it is given, and

                  (c)                 may specify conditions to which it is subject.

           (4)           An authorisation may be given by—

                  (a)                 a chief officer of police,

                  (b)                 the Director General of the National Crime Squad,

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                  (c)                 the Director General of the National Criminal Intelligence

Service,

                  (d)                 the Commissioners of Customs and Excise, or

                  (e)                 the Director of Public Prosecutions.”

Prostitution and child pornography

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 54    Paying for sex with a child

     (1)    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

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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

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                  (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

gratuitously or at a discount.

     (3)    A person guilty of an offence under this section against a person under 13,

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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

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anything else, or

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

            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, on conviction on indictment, to

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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—

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

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           (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)    In the application of this section to Northern Ireland, subsection (4) has effect

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with the substitution of “17” for “16”.

 55    Causing or inciting child prostitution or pornography

     (1)    A person (A) commits an offence if—

           (a)           he intentionally causes or incites another person (B) to become a

prostitute, or to be involved in pornography, in any part of the world,

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           (b)           he does so for or in the expectation of gain for himself or a third person,

and

           (c)           either—

                  (i)                 B is under 18, and A does not reasonably believe that B is 18 or

over, or

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                  (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

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14 years.

 56    Causing or inciting prostitution for gain

     (1)    A person commits an offence if—

           (a)           he intentionally causes or incites another person to become a prostitute

in any part of the world, and

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           (b)           he does so for or in the expectation of gain for himself or a third person.

     (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

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7 years.

 57    Controlling a child prostitute or a child involved in pornography

     (1)    A person (A) commits an offence if—

           (a)           he intentionally controls any of the activities of another person (B)

relating to B’s prostitution or involvement in pornography,

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           (b)           he does so for or in the expectation of gain for himself or a third person,

and

           (c)           either—

                  (i)                 B is under 18, and A does not reasonably believe that B is 18 or

over, or

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                  (ii)                B is under 13.

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

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

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           (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

14 years.

 58    Controlling prostitution for gain

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     (1)    A person commits an offence if—

           (a)           he intentionally controls any of the activities of another person relating

to that person’s prostitution, and

           (b)           he does so for or in the expectation of gain for himself or a third person.

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

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           (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.

 59    Arranging or facilitating child prostitution or pornography

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     (1)    A person (A) commits an offence if—

           (a)           he intentionally arranges or facilitates the prostitution or involvement

in pornography of another person (B),

           (b)           he does so for or in the expectation of gain for himself or a third person,

and

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

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           (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

14 years.

 60    Sections 55 to 59: interpretation

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     (1)    Subsections (2) to (4) apply for the purposes of sections 55 to 59.

     (2)    A person is involved in pornography if an indecent moving or still image of

that person is recorded; and similar expressions, and “pornography”, are to be

interpreted accordingly.

     (3)    “Gain” means—

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           (a)           any financial advantage, including the discharge of an obligation to pay

or the provision of goods or services gratuitously or at a discount; or

           (b)           the goodwill of any person which is or appears likely, in time, to bring

financial advantage.

     (4)    “Prostitute” means a person (A) who, on at least one occasion and whether or

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not compelled to do so, offers or provides sexual services to another person in

return for payment or a promise of payment to A or a third person; and

“prostitution” is to be interpreted accordingly.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

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     (5)    In subsection (4), “payment” means any financial advantage, including the

discharge of an obligation to pay or the provision of goods or services

gratuitously or at a discount.

Trafficking

 61    Trafficking into the UK for sexual exploitation

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     (1)    A person (A) commits an offence if, for or in the expectation of gain for himself

or another, he intentionally arranges or facilitates the arrival in the United

Kingdom of another person (B) and either—

           (a)           he intends to do anything to or in respect of B, after B’s arrival but in

any part of the world, which if done will involve the commission of a

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relevant offence, or

           (b)           he intends to facilitate the doing of anything to or in respect of B, after

B’s arrival but in any part of the world, which if done as he intends it to

be done or believes that it will be done will involve the commission of

a relevant offence.

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     (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

14 years.

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 62    Trafficking within the UK for sexual exploitation

     (1)    A person (A) commits an offence if, for or in the expectation of gain for himself

or another, he intentionally arranges or facilitates travel within the United

Kingdom by another person (B) and either—

           (a)           he intends to do anything to or in respect of B, during or after the

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journey and in any part of the world, which if done will involve the

commission of a relevant offence, or

           (b)           he intends to facilitate the doing of anything to or in respect of B, during

or after the journey and in any part of the world, which if done as he

intends it to be done or believes that it will be done will involve the

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commission of a relevant offence.

     (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

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14 years.

 63    Trafficking out of the UK for sexual exploitation

     (1)    A person (A) commits an offence if, for or in the expectation of gain for himself

or another, he intentionally arranges or facilitates the departure from the

United Kingdom of another person (B) and either—

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           (a)           he intends to do anything to or in respect of B, after B’s departure but

in any part of the world, which if done will involve the commission of

a relevant offence, or

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

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           (b)           he intends to facilitate the doing of anything, after B’s departure but in

any part of the world, which if done as he intends it to be done or

believes that it will be done will involve the commission of a relevant

offence.

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

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           (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

14 years.

 64    Sections 61 to 63: interpretation and jurisdiction

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     (1)    In sections 61 to 63

                    “relevant offence” means—

                  (a)                 an offence under this Part,

                  (b)                 an offence under section 1(1)(a) of the Protection of Children

Act 1978 (c. 37),

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                  (c)                 an offence listed in Schedule 1 to the Criminal Justice (Children)

(Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)),

                  (d)                 an offence under Article 3(1)(a) of the Protection of Children

(Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)), or

                  (e)                 anything done outside England and Wales and Northern

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Ireland which is not an offence within any of paragraphs (a) to

(d) but would be if done in England and Wales or Northern

Ireland;

                    “gain” has the meaning given by section 60(3).

     (2)    Sections 61 to 63 apply to anything done—

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           (a)           in the United Kingdom, or

           (b)           outside the United Kingdom, by a body incorporated under the law of

a part of the United Kingdom or by an individual to whom subsection

(3) applies.

     (3)    This subsection applies to—

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           (a)           a British citizen,

           (b)           a British overseas territories citizen,

           (c)           a British National (Overseas),

           (d)           a British Overseas citizen,

           (e)           a person who is a British subject under the British Nationality Act 1981

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(c. 61),

           (f)           a British protected person within the meaning given by section 50(1) of

that Act.

Preparatory offences

 65    Administering a substance with intent

40

     (1)    A person commits an offence if he intentionally administers a substance to, or

causes a substance to be taken by, another person (B)—

           (a)           knowing that B does not consent, and

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    30

 

           (b)           with the intention of stupefying or overpowering B, so as to enable any

person to engage in a sexual activity that involves B.

     (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;

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

10 years.

 66    Committing an offence with intent to commit a sexual offence

     (1)    A person commits an offence under this section if he commits any offence with

the intention of committing a relevant sexual offence.

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     (2)    In this section, “relevant sexual offence” means any offence under this Part

(including an offence of aiding, abetting, counselling or procuring such an

offence).

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

indictment, where the offence is committed by kidnapping or false

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imprisonment, to imprisonment for life.

     (4)    Unless subsection (3) 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;

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

10 years.

 67    Trespass with intent to commit a sexual offence

     (1)    A person commits an offence if—

           (a)           he intentionally enters a structure, part of a structure or any land with

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the intention of committing a relevant sexual offence, and

           (b)           he enters as a trespasser, knowing that, or being reckless as to whether,

he is a trespasser.

     (2)    In this section—

                    “relevant sexual offence” has the same meaning as in section 66;

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                    “structure” includes a tent, vehicle or vessel or other temporary or

movable structure.

     (3)    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;

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

10 years.

Sex with an adult relative

 68    Sex with an adult relative: penetration

     (1)    A person aged 16 or over (A) commits an offence if—

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