Page:Sexual Offences Act 2003.pdf/11

Sexual Offences Act 2003 (c. 42) Part 1—Sexual Offences 10 Causing or inciting a child to engage in sexual activity

(1) A person aged 18 or over (A) 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) 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 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 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.

11 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—
 * (i) when another person (B) is present or is in a place from which A can be observed, and
 * (ii) 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
 * (ii) B is under 13.

(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.

12 Causing a child to watch a sexual act

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