Page:Sexual Offences Act 2003.pdf/27

Sexual Offences Act 2003 (c. 42) Part 1—Sexual Offences (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 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 a fine not exceeding the statutory maximum or both;
 * (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

35 Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception

(1) A person (A) commits an offence if—
 * (a) by means of an inducement offered or given, a threat made or a deception practised by him for this purpose, he intentionally causes another person (B) to engage in, or to agree to engage in, an activity,
 * (b) the activity is sexual,
 * (c) B has a mental disorder, and
 * (d) A knows or could reasonably be expected to know that B has a mental disorder.

(2) A person guilty of an offence under this section, if the activity caused or agreed to 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 a fine not exceeding the statutory maximum or both;
 * (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

36 Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder

(1) A person (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