Page:Sexual Offences Act 2003.pdf/40

34 Part 1—Sexual Offences Preparatory offences 61 Administering a substance with intent

(1) A person commits an offence if he intentionally administers a substance to, or causes a substance to be taken by, another person (B)—
 * (a) knowing that B does not consent, and
 * (b) with the intention of stupefying or overpowering B, so as to enable any person to engage in a sexual activity that involves B.

(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.

62 Committing an offence with intent to commit a sexual offence

(1) A person commits an offence under this section if he commits any offence with the intention of committing a relevant sexual offence.

(2) In this section, “relevant sexual offence” means any offence under this Part (including an offence of aiding, abetting, counselling or procuring such an offence).

(3) A person guilty of an offence under this section is liable on conviction on indictment, where the offence is committed by kidnapping or false imprisonment, to imprisonment for life.

(4) 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 a fine not exceeding the statutory maximum or both;
 * (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

63 Trespass with intent to commit a sexual offence

(1) A person commits an offence if—
 * (a) he is a trespasser on any premises,
 * (b) he intends to commit a relevant sexual offence on the premises, and
 * (c) he knows that, or is reckless as to whether, he is a trespasser.

(2) In this section—
 * “premises” includes a structure or part of a structure;
 * “relevant sexual offence” has the same meaning as in section 62;
 * “structure” includes a tent, vehicle or vessel or other temporary or movable structure.

(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 10 years.