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Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Part 1 — Sexual Offences

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Abuse of children through prostitution and pornography

 49    Paying for sexual services of a child

     (1)    A person (A) commits an offence if—

           (a)           he intentionally obtains for himself the sexual services of another

person (B),

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           (b)           before obtaining those services, he has made or promised payment for

those services to B or a third person, or knows that another person has

made or promised such a payment, and

           (c)           either—

                  (i)                 B is under 18, and A does not reasonably believe that B is 18 or

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over, or

                  (ii)                B is under 13.

     (2)    In this section, “payment” means any financial advantage, including the

discharge of an obligation to pay or the provision of goods or services

(including sexual services) gratuitously or at a discount.

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     (3)    A person guilty of an offence under this section against a person under 13,

where the offence 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,

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           (c)           penetration of A’s anus or vagina with a part of B’s body or by B with

anything else, or

           (d)           penetration of A’s mouth with B’s penis,

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

     (4)    Unless subsection (3) applies, a person guilty of an offence under this section

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against a person under 16 is liable, on conviction on indictment, to

imprisonment for a term not exceeding 14 years.

     (5)    Unless subsection (3) or (4) applies, a person guilty of an offence under this

section is liable—

           (a)           on summary conviction, to imprisonment for a term not exceeding 6

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months or a fine not exceeding the statutory maximum or both;

           (b)           on conviction on indictment, to imprisonment for a term not exceeding

7 years.

     (6)    In the application of this section to Northern Ireland, subsection (4) has effect

with the substitution of “17” for “16”.

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 50    Causing or inciting child prostitution or pornography

     (1)    A person (A) commits an offence if—

           (a)           he intentionally causes or incites another person (B) to become a

prostitute, or to be involved in pornography, in any part of the world,

and

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           (b)           either—

                  (i)                 B is under 18, and A does not reasonably believe that B is 18 or

over, or

                  (ii)                B is under 13.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    27

 

     (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

14 years.

5

 51    Controlling a child prostitute or a child involved in pornography

     (1)    A person (A) commits an offence if—

           (a)           he intentionally controls any of the activities of another person (B)

relating to B’s prostitution or involvement in pornography in any part

of the world, and

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           (b)           either—

                  (i)                 B is under 18, and A does not reasonably believe that B is 18 or

over, or

                  (ii)                B is under 13.

     (2)    A person guilty of an offence under this section is liable—

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           (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.

 52    Arranging or facilitating child prostitution or pornography

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     (1)    A person (A) commits an offence if—

           (a)           he intentionally arranges or facilitates the prostitution or involvement

in pornography in any part of the world of another person (B), and

           (b)           either—

                  (i)                 B is under 18, and A does not reasonably believe that B is 18 or

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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;

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           (b)           on conviction on indictment, to imprisonment for a term not exceeding

14 years.

 53    Sections 50 to 52: interpretation

     (1)    For the purposes of sections 50 to 52, a person is involved in pornography if an

indecent moving or still image of that person is recorded; and similar

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expressions, and “pornography”, are to be interpreted accordingly.

     (2)    In those sections “prostitute” means a person (A) who, on at least one occasion

and whether or not compelled to do so, offers or provides sexual services to

another person in return for payment or a promise of payment to A or a third

person; and “prostitution” is to be interpreted accordingly.

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     (3)    In subsection (2), “payment” means any financial advantage, including the

discharge of an obligation to pay or the provision of goods or services

(including sexual services) gratuitously or at a discount.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    28

 

Exploitation of prostitution

 54    Causing or inciting prostitution for gain

     (1)    A person commits an offence if—

           (a)           he intentionally causes or incites another person to become a prostitute

in any part of the world, and

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           (b)           he does so for or in the expectation of gain for himself or a third person.

     (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

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7 years.

 55    Controlling prostitution for gain

     (1)    A person commits an offence if—

           (a)           he intentionally controls any of the activities of another person relating

to that person’s prostitution in any part of the world, and

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           (b)           he does so for or in the expectation of gain for himself or a third person.

     (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

20

7 years.

 56    Sections 54 and 55: interpretation

     (1)    In sections 54 and 55, “gain” means—

           (a)           any financial advantage, including the discharge of an obligation to pay

or the provision of goods or services (including sexual services)

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gratuitously or at a discount; or

           (b)           the goodwill of any person which is or appears likely, in time, to bring

financial advantage.

     (2)    In those sections “prostitute” and “prostitution” have the meaning given by

section 53(2).

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Extension of gender-specific prostitution offences

 57    Extension of gender-specific prostitution offences

Schedule 1 (extension of gender-specific prostitution offences) has effect.

Trafficking

 58    Trafficking into the UK for sexual exploitation

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     (1)    A person (A) commits an offence if he intentionally arranges or facilitates the

arrival in the United Kingdom of another person (B) and either—

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    29

 

           (a)           he intends to do anything to or in respect of B, after B’s arrival but in

any part of the world, which if done will involve the commission of a

relevant offence, or

           (b)           he intends to facilitate the doing of anything to or in respect of B, after

B’s arrival but in any part of the world, which if done as he intends it to

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be done or believes that it will be done will involve the commission of

a relevant offence.

     (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;

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           (b)           on conviction on indictment, to imprisonment for a term not exceeding

14 years.

 59    Trafficking within the UK for sexual exploitation

     (1)    A person (A) commits an offence if he intentionally arranges or facilitates

travel within the United Kingdom by another person (B) and either—

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           (a)           he intends to do anything to or in respect of B, during or after the

journey and in any part of the world, which if done will involve the

commission of a relevant offence, or

           (b)           he intends to facilitate the doing of anything to or in respect of B, during

or after the journey and in any part of the world, which if done as he

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intends it to be done or believes that it will be done will involve the

commission of a relevant offence.

     (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;

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           (b)           on conviction on indictment, to imprisonment for a term not exceeding

14 years.

 60    Trafficking out of the UK for sexual exploitation

     (1)    A person (A) commits an offence if he intentionally arranges or facilitates the

departure from the United Kingdom of another person (B) and either—

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           (a)           he intends to do anything to or in respect of B, after B’s departure but

in any part of the world, which if done will involve the commission of

a relevant offence, or

           (b)           he intends to facilitate the doing of anything, after B’s departure but in

any part of the world, which if done as he intends it to be done or

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believes that it will be done will involve the commission of a relevant

offence.

     (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;

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           (b)           on conviction on indictment, to imprisonment for a term not exceeding

14 years.

 61    Sections 58 to 60: interpretation and jurisdiction

     (1)    In sections 58 to 60, “relevant offence” means—

                  (a)                 an offence under this Part,

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Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    30

 

                  (b)                 an offence under section 1(1)(a) of the Protection of Children

Act 1978 (c. 37),

                  (c)                 an offence listed in Schedule 1 to the Criminal Justice (Children)

(Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)),

                  (d)                 an offence under Article 3(1)(a) of the Protection of Children

5

(Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)), or

                  (e)                 anything done outside England and Wales and Northern

Ireland which is not an offence within any of paragraphs (a) to

(d) but would be if done in England and Wales or Northern

Ireland.

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     (2)    Sections 58 to 60 apply to anything done—

           (a)           in the United Kingdom, or

           (b)           outside the United Kingdom, by a body incorporated under the law of

a part of the United Kingdom or by an individual to whom subsection

(3) applies.

15

     (3)    This subsection applies to—

           (a)           a British citizen,

           (b)           a British overseas territories citizen,

           (c)           a British National (Overseas),

           (d)           a British Overseas citizen,

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           (e)           a person who is a British subject under the British Nationality Act 1981

(c. 61),

           (f)           a British protected person within the meaning given by section 50(1) of

that Act.

Preparatory offences

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 62    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

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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

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10 years.

 63    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

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(including an offence of aiding, abetting, counselling or procuring such an

offence).

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    31

 

     (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—

5

           (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.

 64    Trespass with intent to commit a sexual offence

10

     (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—

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                    “premises” includes a structure or part of a structure;

                    “relevant sexual offence” has the same meaning as in section 63;

                    “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—

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           (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.

Sex with an adult relative

25

 65    Sex with an adult relative: penetration

     (1)    A person aged 16 or over (A) commits an offence if—

           (a)           he intentionally penetrates another person’s vagina or anus with a part

of his body or anything else, or penetrates another person’s mouth with

his penis,

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           (b)           the penetration is sexual,

           (c)           the other person (B) is aged 18 or over,

           (d)           A is related to B in a way mentioned in subsection (2), and

           (e)           A knows or could reasonably be expected to know that he is related to

B in that way.

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     (2)    The ways that A may be related to B are as parent, grandparent, child,

grandchild, brother, sister, half-brother, or half-sister.

     (3)    Where in proceedings for an offence under this section it is proved that the

defendant was related to the other person in any of those ways, it is to be taken

that the defendant knew or could reasonably have been expected to know that

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he was related in that way unless sufficient evidence is adduced to raise an

issue as to whether he knew or could reasonably have been expected to know

that he was.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    32

 

     (4)    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

2 years.

5

 66    Sex with an adult relative: consenting to penetration

     (1)    A person aged 16 or over (A) commits an offence if—

           (a)           another person (B) penetrates A’s vagina or anus with a part of B’s

body or anything else, or penetrates A’s mouth with B’s penis,

           (b)           A consents to the penetration,

10

           (c)           the penetration is sexual,

           (d)                         the other person (B) is aged 18 or over,

           (e)           A is related to B in a way mentioned in subsection (2), and

           (f)           A knows or could reasonably be expected to know that he is related to

B in that way.

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     (2)           The ways that A may be related to B are as parent, grandparent, child,

grandchild, brother, sister, half-brother, or half-sister.

     (3)           Where in proceedings for an offence under this section it is proved that the

defendant was related to the other person in any of those ways, it is to be taken

that the defendant knew or could reasonably have been expected to know that

20

he was related in that way unless sufficient evidence is adduced to raise an

issue as to whether he knew or could reasonably have been expected to know

that he was.

     (4)    A person guilty of an offence under this section is liable—

           (a)           on summary conviction, to imprisonment for a term not exceeding 6

25

months or a fine not exceeding the statutory maximum or both;

           (b)           on conviction on indictment, to imprisonment for a term not exceeding

2 years.

Other offences

 67    Sexual activity in a public lavatory

30

     (1)    A person commits an offence if—

           (a)           he is in a public lavatory,

           (b)           he intentionally engages in activity within subsection (2),

           (c)           the activity is sexual.

     (2)    An activity is within this subsection if it involves—

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           (a)           a person, with a part of that person’s body or anything else, penetrating

that or another person’s vagina or anus;

           (b)           a person, with his penis, penetrating the mouth of another person;

           (c)           a person touching that person’s vagina, anus or penis, other than

through that person’s clothes; or

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           (d)           a person touching another person’s vagina, anus or penis, other than

through that person’s clothes.

 

 

 
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