Page:Sexual Offences Act 2003.pdf/10

4 Part 1—Sexual Offences 8 Causing or inciting a child under 13 to engage in sexual activity

(1) A person commits an offence if—
 * (a) he intentionally causes or incites another person (B) to engage in an activity,
 * (b) the activity is sexual, and
 * (c) B is under 13.

(2) A person guilty of an offence under this section, if the activity caused or incited involved—
 * (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,

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

(3) 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 to a fine not exceeding the statutory maximum or both;
 * (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

Child sex offences 9 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, 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, if the touching 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,

is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(3) 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 to a fine not exceeding the statutory maximum or both;
 * (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.