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Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Part 1 — Sexual Offences

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 55    Controlling prostitution for gain

     (1)    A person commits an offence if—

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

to that person’s prostitution in any part of the world, and

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

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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

7 years.

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 56    Sections 54 and 55: interpretation

     (1)    In sections 54 and 55, “gain” means—

           (a)           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; or

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

financial advantage.

     (2)    In those sections “prostitute” and “prostitution” have the meaning given by

section 53(2).

Extension of gender-specific prostitution offences

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 57    Extension of gender-specific prostitution offences

Schedule 1 (extension of gender-specific prostitution offences) has effect.

Trafficking

 58    Trafficking into the UK for sexual exploitation

     (1)    A person (A) commits an offence if he intentionally arranges or facilitates the

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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

relevant offence, or

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

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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.

     (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

14 years.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    28

 

 59    Trafficking within the UK for sexual exploitation

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

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

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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

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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 60    Trafficking out of the UK for sexual exploitation

     (1)    A person (A) commits an offence if he intentionally arranges or facilitates the

departure from the United Kingdom of another person (B) and either—

           (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

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a relevant offence, or

           (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.

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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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 61    Sections 58 to 60: interpretation and jurisdiction

     (1)    In sections 58 to 60, “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.

     (2)    Sections 58 to 60 apply to anything done—

           (a)           in the United Kingdom, or

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Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    29

 

           (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—

           (a)           a British citizen,

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           (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

(c. 61),

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

that Act.

Preparatory offences

 62    Administering a substance with intent

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

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

           (a)           knowing that B does not consent, and

           (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—

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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.

 63    Committing an offence with intent to commit a sexual offence

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

the intention of committing a relevant sexual offence.

     (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).

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     (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

imprisonment, to imprisonment for life.

     (4)    Unless subsection (3) applies, 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

10 years.

 64    Trespass with intent to commit a sexual offence

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     (1)           A person commits an offence if—

           (a)                         he is a trespasser on any premises,

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    30

 

           (b)           he intends to commit a relevant sexual offence on the premises, and

           (c)           he knows that, or is reckless as to whether, he is a trespasser.

     (2)    In this section—

                    “premises” includes a structure or part of a structure;

                    “relevant sexual offence” has the same meaning as in section 63;

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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

 65    Sex with an adult relative: penetration

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

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           (a)           he intentionally penetrates another person’s vagina or anus with a part

of his body or anything else, or penetrates another person’s mouth with

his penis,

           (b)           the penetration is sexual, and

           (c)           the other person is a relative of A aged 18 or over.

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     (2)    In this section, “relative” means a parent, grandparent, child, grandchild,

brother, sister, half-brother or half-sister.

     (3)    Where in proceedings for an offence under this section—

           (a)           it is proved that the defendant was related to the other person in any of

the ways mentioned in subsection (2), and

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           (b)           the defendant proves that he did not know that they were related in

that way,

            he is not guilty of the offence unless it is proved that he could reasonably have

been expected to know that they were related in that way.

     (4)    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

2 years.

 66    Sex with an adult relative: consenting to penetration

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

           (a)           another person (B) penetrates A’s vagina or anus with a part of B’s

body or anything else, or penetrates A’s mouth with B’s penis,

           (b)           A consents to the penetration,

           (c)           the penetration is sexual, and

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           (d)           B is a relative of A aged 18 or over.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    31

 

     (2)    In this section, “relative” means a parent, grandparent, child, grandchild,

brother, sister, half-brother or half-sister.

     (3)    Where in proceedings for an offence under this section—

           (a)           it is proved that the defendant was related to the other person in any of

the ways mentioned in subsection (2), and

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           (b)           the defendant proves that he did not know that they were related in

that way,

            he is not guilty of the offence unless it is proved that he could reasonably have

been expected to know that they were related in that way.

     (4)    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

2 years.

Other offences

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 67    Sexual activity in a public lavatory

     (1)    A person commits an offence if—

           (a)           he is in a public lavatory,

           (b)           he intentionally engages in activity within subsection (2),

           (c)           the activity is sexual.

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     (2)    An activity is within this subsection if it involves—

           (a)           a person, with a part of that person’s body or anything else, penetrating

that or another person’s vagina or anus;

           (b)           a person, with his penis, penetrating the mouth of another person;

           (c)           a person touching that person’s vagina, anus or penis, other than

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through that person’s clothes; or

           (d)           a person touching another person’s vagina, anus or penis, other than

through that person’s clothes.

     (3)    A lavatory is a public lavatory if the public or any section of the public has or

is permitted to have access to it whether on payment or otherwise.

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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

2 years.

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 68    Exposure

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

           (a)           he intentionally exposes his genitals, and

           (b)           he knows or intends that someone will see them and be caused alarm

or distress.

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

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    32

 

           (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

2 years.

 69    Voyeurism

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     (1)           A person commits an offence if—

           (a)           for the purpose of obtaining sexual gratification, he observes another

person doing a private act, and

           (b)           he knows that the other person does not consent to being observed for

his sexual gratification.

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     (2)           A person commits an offence if—

           (a)           he operates equipment with the intention of enabling another person to

observe, for the purpose of obtaining sexual gratification, a third

person (B) doing a private act, and

           (b)           he knows that B does not consent to his operating equipment with that

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intention.

     (3)           A person commits an offence if—

           (a)           he records another person (B) doing a private act,

           (b)           he does so with the intention that he or a third person will, for the

purpose of obtaining sexual gratification, look at an image of B doing

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the act, and

           (c)           he knows that B does not consent to his recording the act with that

intention.

     (4)    A person commits an offence if he instals equipment, or constructs or adapts a

structure or part of a structure, with the intention of enabling himself or

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another person to commit an offence under subsection (1).

     (5)    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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2 years.

 70    Voyeurism: interpretation

     (1)           The following apply for the purposes of section 69.

     (2)    A person is doing a private act if the person is in a structure which, in the

circumstances, would reasonably be expected to provide privacy, and—

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           (a)           the person’s genitals, buttocks or breasts are exposed or covered only

with underwear,

           (b)           the person is using a lavatory, or

           (c)           the person is doing a sexual act that is not of a kind ordinarily done in

public.

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     (3)           Observation means any observation, whether direct or by looking at an image

produced in any way.

     (4)           In section 69 and this section—

                    “image” means a moving or still image, produced by any means, and

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    33

 

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

movable structure.

 71    Intercourse with an animal

     (1)    A person commits an offence if—

           (a)           he intentionally performs an act of penetration with his penis,

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           (b)           what is penetrated is the vagina or anus of a living animal, and

           (c)           he knows that, or is reckless as to whether, that is what is penetrated.

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

           (a)           A intentionally causes, or allows, A’s vagina or anus to be penetrated,

           (b)           the penetration is by the penis of a living animal, and

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           (c)           A knows that, or is reckless as to whether, that is what A is being

penetrated by.

     (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

2 years.

 72    Sexual penetration of a corpse

     (1)    A person commits an offence if—

           (a)           he intentionally performs an act of penetration with a part of his body

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or anything else,

           (b)           what is penetrated is a part of the body of a dead person,

           (c)           he knows that, or is reckless as to whether, that is what is penetrated,

and

           (d)           the penetration is sexual.

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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

2 years.

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Offences outside the United Kingdom

 73    Offences outside the United Kingdom

     (1)    Subject to subsection (2), any act done by a person in a country or territory

outside the United Kingdom which—

           (a)           constituted an offence under the law in force in that country or

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territory, and

           (b)           would constitute a sexual offence to which this section applies if it had

been done in England and Wales or in Northern Ireland,

            constitutes that sexual offence under the law of that part of the United

Kingdom.

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