|
| |
| |
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 | 5 |
(d) A does not reasonably believe that B is 16 or over. | |
(2) Section 76 applies to an offence under this section. | |
(3) A person guilty of an offence under this section is liable, on conviction on | |
indictment, to imprisonment for a term not exceeding 14 years. | |
11 Inciting a child to engage in sexual activity | 10 |
(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 | |
(c) either— | |
(i) B is under 16 and A does not reasonably believe that B is 16 or | 15 |
over, or | |
(ii) B is under 13. | |
(2) A person guilty of an offence under this section is liable, on conviction on | |
indictment, to imprisonment for a term not exceeding 14 years. | |
12 Engaging in sexual activity in the presence of a child | 20 |
(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 | |
presence of another person (B), knowing or believing that B is aware, or | 25 |
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 | |
(ii) B is under 13. | 30 |
(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. | 35 |
13 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 | |
another person (B) to watch a third person engaging in an activity, or to | |
look at a photograph or pseudo-photograph of a person engaging in an | 40 |
activity, | |
(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. | |
(2) A person guilty of an offence under this section is liable— | 5 |
(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. | |
14 Child sex offences committed by children or young persons | 10 |
(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 | |
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. | |
15 Arranging or facilitating commission of a child sex offence | |
(1) A person commits an offence if he intentionally arranges or facilitates the | |
doing of anything which, if done as he intends, either— | 20 |
(a) will involve the commission by any person of an offence under any of | |
sections 9 to 14, or | |
(b) would do so but for the existence of facts which make the commission | |
of the offence impossible. | |
(2) For the purposes of subsection (1), section 76 is to be disregarded. | 25 |
(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; | |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
14 years. | 30 |
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, | 35 |
(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. | 40 |
| |
| |
|
| |
| |
17 Meeting a child following sexual grooming etc. | |
(1) A person aged 18 or over (A) commits an offence if— | |
(a) he intentionally meets, or travels with the intention of meeting, another | |
person (B), having met or communicated with B on at least two earlier | |
occasions, | 5 |
(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 | |
(d) A does not reasonably believe that B is 16 or over. | 10 |
(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; | |
(b) “relevant offence” means— | 15 |
(i) an offence under this Part, | |
(ii) an offence under section 4 of the Criminal Law Amendment Act | |
1885 (c. 69) (unlawful carnal knowledge of a girl under 14), | |
(iii) an offence under section 5 of that Act (unlawful carnal | |
knowledge of a girl under 17), | 20 |
(iv) an offence under section 22 of the Children and Young Persons | |
Act (Northern Ireland) 1968 (c. 34 (N.I.)) (indecent conduct | |
towards a child), or | |
(v) anything done outside England and Wales and Northern | |
Ireland which is not an offence within any of sub-paragraphs (i) | 25 |
to (iv) but would be if done in England and Wales or Northern | |
Ireland. | |
(3) In this section as it applies to Northern Ireland, subsection (1) (c)(i) has effect | |
with the substitution of “17” for “16” in both places. | |
(4) A person guilty of an offence under this section is liable— | 30 |
(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. | |
Abuse of a position of trust | 35 |
18 Abuse of position of trust: sexual activity with a child | |
(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 | 40 |
(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 that his belief was unreasonable. | |
| |
| |
|
| |
| |
(3) Where in proceedings for an offence under this section it is proved that a | |
position of trust existed because of circumstances within section 23(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) Section 76 applies to an offence under this section. | |
(5) A person guilty of an offence under this section is liable— | |
(a) on summary conviction, to imprisonment for a term not exceeding 6 | 10 |
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. | |
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— | 15 |
(a) he intentionally causes another person (B) to engage in an activity, | |
(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 | 20 |
that he believed that the other person was 18 or over, he is not guilty of the | |
offence unless it is proved that his belief was unreasonable. | |
(3) Where in proceedings for an offence under this section it is proved that a | |
position of trust existed because of circumstances within section 23(2), (3), (4) | |
or (5) and the defendant proves that he did not know of those circumstances, | 25 |
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. | |
(4) Section 76 applies to an offence under this section. | 30 |
(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 | |
5 years. | 35 |
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, | |
(b) the activity is sexual, | |
(c) A is in a position of trust in relation to B, and | 40 |
(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 | |
(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 23(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. | |
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, | 20 |
(b) the activity is sexual, | |
(c) for the purpose of obtaining sexual gratification, he engages in it in the | |
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 | 25 |
(e) 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 23(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— | 35 |
(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. | |
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— | 45 |
| |
| |
|
| |
| |
(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 a person engaging in an | |
activity, | |
(b) the activity is sexual, | 5 |
(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 | |
offence unless it is proved— | 10 |
(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 23(2), (3), (4) | |
or (5) and the defendant proves that he did not know of those circumstances, | 15 |
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. | |
(4) A person guilty of an offence under this section is liable— | 20 |
(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. | |
23 Positions of trust | 25 |
(1) For the purposes of sections 18 to 22, a person (A) is in a position of trust in | |
relation to another person (B) if— | |
(a) any of subsections (2) to (8) applies, or | |
(b) any condition specified in an order made by the Secretary of State is | |
met. | 30 |
(2) This subsection applies if A looks after persons under 18 who are detained in | |
an institution by virtue of a court order or under an enactment, and B is so | |
detained in that institution. | |
(3) This subsection applies if A looks after persons under 18 who are resident in a | |
home or other place in which— | 35 |
(a) accommodation and maintenance are provided by an authority under | |
section 23(2) of the Children Act 1989 (c. 41) or Article 27(2) of the | |
Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), or | |
(b) accommodation is provided by a voluntary organisation under section | |
59(1) of that Act or Article 75(1) of that Order, | 40 |
and B is resident, and is so provided with accommodation and maintenance or | |
accommodation, in that place. | |
(4) This subsection applies if A looks after persons under 18 who are | |
accommodated and cared for in one of the following institutions— | |
(a) a hospital, | 45 |
(b) a care home or private hospital, | |
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| |
|
| |
| |
(c) a community home, voluntary home or children’s home, | |
(d) a home provided under section 82(5) of the Children Act 1989 (c. 41), or | |
(e) a residential family centre, | |
and B is accommodated and cared for in that institution. | |
(5) This subsection applies if A looks after persons under 18 who are receiving full- | 5 |
time education at an educational institution and B is receiving full-time | |
education at that institution. | |
(6) This subsection applies if A is engaged in the provision of services under, or | |
pursuant to anything done under, section 114 of the Learning and Skills Act | |
2000 (c. 21) and, in that capacity, looks after B on an individual basis. | 10 |
(7) This subsection applies if A is a personal adviser appointed for B under— | |
(a) section 23B(2) of, or paragraph 19C of Schedule 2 to, the Children Act | |
1989, or | |
(b) Article 34A(10) or 34C(2) of the Children (Northern Ireland) Order 1995 | |
(S.I. 1995/755 (N.I. 2)), | 15 |
and, in that capacity, looks after B on an individual basis. | |
(8) This subsection applies if— | |
(a) B is subject to requirements imposed by or under an enactment on his | |
release from detention for a criminal offence, or is subject to | |
requirements imposed by a court order made in criminal proceedings, | 20 |
and | |
(b) A looks after B on an individual basis in pursuance of the requirements. | |
24 Positions of trust: interpretation | |
(1) The following provisions apply for the purposes of section 23. | |
(2) Subject to subsection (3), a person looks after persons under 18 if he is regularly | 25 |
involved in caring for, training, supervising or being in sole charge of such | |
persons. | |
(3) A person (A) looks after another person (B) on an individual basis if— | |
(a) A is regularly involved in caring for, training or supervising B, and | |
(b) in the course of his involvement, A regularly has unsupervised contact | 30 |
with B alone (whether face to face or by any other means). | |
(4) A person receives full-time education at an educational institution if— | |
(a) he is registered or otherwise enrolled as a full-time pupil or student at | |
the institution, or | |
(b) he receives education at the institution under arrangements with | 35 |
another educational institution at which he is so registered or otherwise | |
enrolled. | |
(5) In section 23— | |
“authority”— | |
(a) in relation to England and Wales, means a local authority; | 40 |
(b) in relation to Northern Ireland, has the meaning given by | |
Article 2(2) of the Children (Northern Ireland) Order 1995; | |
“care home” means an establishment which is a care home for the | |
purposes of the Care Standards Act 2000 (c. 14); | |
“children’s home” has— | 45 |
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