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Sexual Offences Act 2003 (c. 42) Part 1—Sexual Offences

78 “Sexual”

For the purposes of this Part (except section 71), penetration, touching or any other activity is sexual if a reasonable person would consider that—
 * (a) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or
 * (b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.

79 Part 1: general interpretation

(1) The following apply for the purposes of this Part.

(2) Penetration is a continuing act from entry to withdrawal.

(3) References to a part of the body include references to a part surgically constructed (in particular, through gender reassignment surgery).

(4) “Image” means a moving or still image and includes an image produced by any means and, where the context permits, a three-dimensional image.

(5) References to an image of a person include references to an image of an imaginary person.

(6) “Mental disorder” has the meaning given by section 1 of the Mental Health Act 1983 (c. 20).

(7) References to observation (however expressed) are to observation whether direct or by looking at an image.

(8) Touching includes touching—
 * (a) with any part of the body,
 * (b) with anything else,
 * (c) through anything,

and in particular includes touching amounting to penetration.