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    (  5  )

 

Clause 28

29

Page 14, line 43, after “liable,” insert “—

 

           (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)                ”

30

Page 15, line 4, at end insert—

 

     “(6)       This subsection applies where the touching to which the incitement related

 

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.”

Clause 29

31

Page 15, line 13, leave out from beginning to second “or”

32

Page 15, line 18, leave out “partner of the other’s parent” and insert “other’s step-

 

parent”

33

Page 15, line 40, at beginning insert ““step-parent” includes a parent’s partner and”

Clause 30

34

Page 15, line 43, leave out from “if” to end of line 44 and insert “at the time—

 

           (a)              B is 16 or over, and

 

           (b)              A and B are lawfully married”

35

Page 16, line 1, leave out “A to prove that he” and insert “the defendant to prove

 

that A”

Clause 32

36

Page 16, line 20, after “of” insert “or for a reason related to”

37

Page 16, line 20, leave out “or learning disability”

38

Page 16, line 23, leave out “or learning disability”

39

Page 16, line 23, after “it” insert “or for a reason related to it”

40

Page 16, line 28, leave out “possible” and insert “reasonably foreseeable”

41

Page 16, line 31, leave out from “section” to “if” in line 35

42

Page 16, line 40, at end insert “,


 
 

    (  6  )

 
 

            is liable, on conviction on indictment, to imprisonment for life.

 

     ( )       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 to a fine not exceeding the statutory maximum or both;

 

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

 

exceeding 14 years.”

Clause 33

43

Page 17, line 7, after “of” insert “or for a reason related to”

44

Page 17, line 7, leave out “or learning disability”

45

Page 17, line 10, leave out “or learning disability”

46

Page 17, line 10, after “it” insert “or for a reason related to it”

47

Page 17, line 15, leave out “possible” and insert “reasonably foreseeable”

48

Page 17, line 18, leave out from “section” to “if” in line 22

49

Page 17, line 27, at end insert “,

 

            is liable, on conviction on indictment, to imprisonment for life.

 

     ( )       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 to a fine not exceeding the statutory maximum, or both;

 

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

 

exceeding 14 years.”

Clause 34

50

Page 17, line 33, leave out from “it” to “knowing” in line 34 and insert—

 

                  “(i)                    when another person (B) is present or is in a place from

 

which A can be observed, and

 

                  (ii)                    ”

51

Page 17, line 36, after “of” insert “or for a reason related to”

52

Page 17, line 36, leave out “or learning disability”

53

Page 17, line 39, leave out “or learning disability”

54

Page 17, line 39, after “it” insert “or for a reason related to it”

55

Page 18, line 1, after “liable” insert “—

 

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

 

6 months or a fine not exceeding the statutory maximum or both;

 

           (b)              ”

Clause 35

56

Page 18, line 8, leave out “a photograph or pseudo-photograph” and insert “an

 

image”


 
 

    (  7  )

57

Page 18, line 11, after “of” insert “or for a reason related to”

58

Page 18, line 11, leave out “or learning disability”

59

Page 18, line 14, leave out “or learning disability”

60

Page 18, line 14, after “it” insert “or for a reason related to it”

61

Page 18, line 21, after “liable” insert “—

 

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

 

6 months or a fine not exceeding the statutory maximum or both;

 

           (b)              ”

Clause 36

62

Page 18, line 32, leave out “or learning disability”

63

Page 18, line 34, leave out “or learning disability”

64

Page 18, line 35, leave out from “section” to “if” in line 39

65

Page 18, line 44, at end insert “,

 

            is liable, on conviction on indictment, to imprisonment for life.

 

     ( )       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 a fine not exceeding the statutory maximum or both;

 

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

 

exceeding 14 years.”

Clause 37

66

Page 19, line 8, leave out “or learning disability”

67

Page 19, line 10, leave out “or learning disability”

68

Page 19, line 11, leave out from “section” to “if” in line 15

69

Page 19, line 20, at end insert “,

 

            is liable, on conviction on indictment, to imprisonment for life.

 

     ( )       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 a fine not exceeding the statutory maximum or both;

 

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

 

exceeding 14 years.”

Clause 38

70

Page 19, line 26, leave out from “it” to “knowing” in line 27 and insert—

 

                  “(i)                    when another person (B) is present or is in a place from

 

which A can be observed, and

 

                  (ii)                    ”

71

Page 19, line 29, after “present” insert “or in the place referred to in paragraph


 
 

    (  8  )

 
 

(c)(i)”

72

Page 19, line 32, leave out “or learning disability”

73

Page 19, line 34, leave out “or learning disability”

Clause 39

74

Page 20, line 1, leave out “a photograph or pseudo-photograph” and insert “an

 

image”

75

Page 20, line 7, leave out “or learning disability”

76

Page 20, line 9, leave out “or learning disability”

Clause 40

77

Page 20, line 21, leave out “or learning disability”

78

Page 20, line 23, leave out “or learning disability”

79

Page 20, line 26, leave out “or learning disability”

80

Page 20, line 28, leave out “or learning disability”

Clause 41

81

Page 21, line 6, leave out “or learning disability”

82

Page 21, line 8, leave out “or learning disability”

83

Page 21, line 11, leave out “or learning disability”

84

Page 21, line 13, leave out “or learning disability”

Clause 42

85

Page 21, line 36, leave out from “it” to “knowing” in line 37 and insert—

 

                  “(i)                    when another person (B) is present or is in a place from

 

which A can be observed, and

 

                  (ii)                    ”

86

Page 21, line 39, leave out “or learning disability”

87

Page 21, line 41, leave out “or learning disability”

88

Page 21, line 44, leave out “or learning disability”

89

Page 21, line 46, leave out “or learning disability”

Clause 43

90

Page 22, line 13, leave out “a photograph or pseudo-photograph” and insert “an

 

image”

91

Page 22, line 16, leave out “or learning disability”

92

Page 22, line 18, leave out “or learning disability”

93

Page 22, line 21, leave out “or learning disability”


 
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Revised 5 November 2003