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Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Part 1 — Sexual Offences

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 10    Causing a child to engage in sexual activity

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

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

           (b)           the activity is sexual,

           (c)           B is under 16, and

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           (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, on conviction on

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indictment, to imprisonment for a term not exceeding 14 years.

 11    Inciting a child to engage in sexual activity

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

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

           (b)           the activity is sexual, and

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           (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, on conviction on

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indictment—

           (a)           where subsection (3) applies, to imprisonment for life;

           (b)           in any other case, to imprisonment for a term not exceeding 14 years.

     (3)           This subsection applies if the offence was against a person under 13 at the time

of the offence and the activity incited involved—

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           (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.

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 12    Engaging in sexual activity in the presence of a child

     (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 in the

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presence of another person (B), 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

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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

10 years.

 13    Causing a child to watch a sexual act

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     (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 a photograph or pseudo-photograph of any person engaging in

an activity,

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           (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.

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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

10 years.

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 14    Child sex offences committed by children or young persons

     (1)    A person under 18 commits an offence if he does anything which would be an

offence under any of sections 9 to 13 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

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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.

 15    Arranging or facilitating commission of a child sex offence

     (1)           A person commits an offence if—

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           (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

9 to 14.

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     (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

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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—

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

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           (a)           protecting the child from sexually transmitted infection,

           (b)           protecting the physical safety of the child, or

           (c)           preventing the child from becoming pregnant,

            and not for the purpose of causing or encouraging the activity constituting the

offence within subsection (1)(b) or the child’s participation in it.

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     (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

14 years.

10

 16    Sections 9 to 15: marriage exception

     (1)    Conduct by a person (A) which would otherwise be an offence under any of

sections 9 to 14 against another person (B) is not an offence under that section

if—

           (a)           at the time, A and B are lawfully married,

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           (b)           no other person is taking part or otherwise involved, and

           (c)           the conduct does not involve a photograph or pseudo-photograph of

any other person engaging in a sexual activity.

     (2)    In proceedings for an offence under any of sections 9 to 15 it is for the

defendant to prove that subsection (1) applied.

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 17    Meeting a child following sexual grooming etc.

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

           (a)           having met or communicated with another person (B) on at least two

earlier occasions, he—

                  (i)                 intentionally meets B, or

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

           (b)           at the time, he intends to do anything to or in respect of B, during or

after the meeting 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

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           (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;

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           (b)           “relevant offence” means—

                  (i)                 an offence under this Part,

                  (ii)                                    an offence within any of paragraphs 53 to 75 of Schedule 3, or

                  (iii)               anything done outside England and Wales and Northern

Ireland which is not an offence within sub-paragraph (i) or (ii)

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but would be an offence within sub-paragraph (i) if done in

England and Wales.

     (3)    In this section as it applies to Northern Ireland—

           (a)           subsection (1) has effect with the substitution of “17” for “16” in both

places;

45

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

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           (b)                         subsection (2)(b)(iii) has effect with the substitution of “sub-paragraph

(ii) if done in Northern Ireland” for “sub-paragraph (i) if done in

England and Wales”.

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

           (a)           on summary conviction, to imprisonment for a term not exceeding 6

5

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.

Abuse of a position of trust

 18    Abuse of position of trust: sexual activity with a child

10

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

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

           (b)           the touching is sexual,

           (c)           A is in a position of trust in relation to B, and

           (d)           B is under 18.

15

     (2)    Where in proceedings for an offence under this section the defendant proves

that he believed that the other person was 18 or over, he is not guilty of the

offence unless it is proved—

           (a)           that his belief was unreasonable, or

           (b)           that the other person was under 13.

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     (3)    Where in proceedings for an offence under this section it is proved that a

position of trust existed because of circumstances within section 24(2), (3), (4)

or (5) and the defendant proves that he did not know of those circumstances,

he is not guilty of the offence unless it is proved—

           (a)           that he could reasonably have been expected to know of those

25

circumstances, or

           (b)           that a position of trust existed because of other circumstances.

     (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;

30

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

5 years.

 19    Abuse of position of trust: causing a child to engage in sexual activity

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

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

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           (b)           the activity is sexual,

           (c)           A is in a position of trust in relation to B, and

           (d)           B is under 18.

     (2)    Where in proceedings for an offence under this section the defendant proves

that he believed that the other person was 18 or over, he is not guilty of the

40

offence unless it is proved—

           (a)           that his belief was unreasonable, or

           (b)           that the other person was under 13.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

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     (3)    Where in proceedings for an offence under this section it is proved that a

position of trust existed because of circumstances within section 24(2), (3), (4)

or (5) and the defendant proves that he did not know of those circumstances,

he is not guilty of the offence unless it is proved—

           (a)           that he could reasonably have been expected to know of those

5

circumstances, or

           (b)           that a position of trust existed because of other circumstances.

     (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;

10

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

5 years.

 20    Abuse of position of trust: inciting a child to engage in sexual activity

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

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

15

           (b)           the activity is sexual,

           (c)           A is in a position of trust in relation to B, and

           (d)           B is under 18.

     (2)    Where in proceedings for an offence under this section the defendant proves

that he believed that the other person was 18 or over, he is not guilty of the

20

offence unless it is proved—

           (a)           that his belief was unreasonable, or

           (b)           that the other person was under 13.

     (3)    Where in proceedings for an offence under this section it is proved that a

position of trust existed because of circumstances within section 24(2), (3), (4)

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or (5) and the defendant proves that he did not know of those circumstances,

he is not guilty of the offence unless it is proved—

           (a)           that he could reasonably have been expected to know of those

circumstances, or

           (b)           that a position of trust existed because of other circumstances.

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     (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

5 years.

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 21    Abuse of position of trust: sexual activity in the presence of a child

     (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 in the

40

presence of another person (B), knowing or believing that B is aware, or

intending that B should be aware, that he is engaging in it,

           (d)           A is in a position of trust in relation to B, and

           (e)           B is under 18.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    10

 

     (2)    Where in proceedings for an offence under this section the defendant proves

that he believed that the other person was 18 or over, he is not guilty of the

offence unless it is proved—

           (a)           that his belief was unreasonable, or

           (b)           that the other person was under 13.

5

     (3)    Where in proceedings for an offence under this section it is proved that a

position of trust existed because of circumstances within section 24(2), (3), (4)

or (5) and the defendant proves that he did not know of those circumstances,

he is not guilty of the offence unless it is proved—

           (a)           that he could reasonably have been expected to know of those

10

circumstances, or

           (b)           that a position of trust existed because of other circumstances.

     (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;

15

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

5 years.

 22    Abuse of position of trust: causing a child to watch a sexual act

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

           (a)           for the purpose of obtaining sexual gratification, he intentionally causes

20

another person (B) to watch a third person engaging in an activity, or to

look at a photograph or pseudo-photograph of any person engaging in

an activity,

           (b)           the activity is sexual,

           (c)           A is in a position of trust in relation to B, and

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           (d)           B is under 18.

     (2)    Where in proceedings for an offence under this section the defendant proves

that he believed that the other person was 18 or over, he is not guilty of the

offence unless it is proved—

           (a)           that his belief was unreasonable, or

30

           (b)           that the other person was under 13.

     (3)    Where in proceedings for an offence under this section it is proved that a

position of trust existed because of circumstances within section 24(2), (3), (4)

or (5) and the defendant proves that he did not know of those circumstances,

he is not guilty of the offence unless it is proved—

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           (a)           that he could reasonably have been expected to know of those

circumstances, or

           (b)           that a position of trust existed because of other circumstances.

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

           (a)           on summary conviction, to imprisonment for a term not exceeding 6

40

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.

 

 

 
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