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(3) A lavatory is a public lavatory if the public or any section of the public has or | |
is permitted to have access to it whether on payment or otherwise. | |
(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; | 5 |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
2 years. | |
68 Exposure | |
(1) A person (A) commits an offence if— | |
(a) he intentionally exposes his genitals, and | 10 |
(b) he knows or intends that someone will see them and be caused alarm | |
or distress. | |
(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; | 15 |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
2 years. | |
69 Voyeurism | |
(1) A person commits an offence if— | |
(a) for the purpose of obtaining sexual gratification, he observes another | 20 |
person doing a private act, and | |
(b) he knows that the other person does not consent to being observed for | |
his sexual gratification. | |
(2) A person commits an offence if— | |
(a) he operates equipment with the intention of enabling another person to | 25 |
observe, for the purpose of obtaining sexual gratification, a third | |
person (B) doing a private act, and | |
(b) he knows that B does not consent to his operating equipment with that | |
intention. | |
(3) A person commits an offence if— | 30 |
(a) he records another person (B) doing a private act, | |
(b) he does so with the intention that he or a third person will, for the | |
purpose of obtaining sexual gratification, look at an image of B doing | |
the act, and | |
(c) he knows that B does not consent to his recording the act with that | 35 |
intention. | |
(4) A person commits an offence if he instals equipment, or constructs or adapts a | |
structure or part of a structure, with the intention of enabling himself or | |
another person to commit an offence under subsection (1). | |
(5) A person guilty of an offence under this section is liable— | 40 |
(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. | |
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70 Voyeurism: interpretation | |
(1) The following apply for the purposes of section 69. | |
(2) A person is doing a private act if the person is in a structure which, in the | |
circumstances, would reasonably be expected to provide privacy, and— | |
(a) the person’s genitals, buttocks or breasts are exposed or covered only | 5 |
with underwear, | |
(b) the person is using a lavatory, or | |
(c) the person is doing a sexual act that is not of a kind ordinarily done in | |
public. | |
(3) Observation means any observation, whether direct or by looking at an image | 10 |
produced in any way. | |
(4) In section 69 and this section— | |
“image” means a moving or still image, produced by any means, and | |
“structure” includes a tent, vehicle or vessel or other temporary or | |
movable structure. | 15 |
71 Intercourse with an animal | |
(1) A person commits an offence if— | |
(a) he intentionally performs an act of penetration with his penis, | |
(b) what is penetrated is the vagina or anus of a living animal, and | |
(c) he knows that, or is reckless as to whether, that is what is penetrated. | 20 |
(2) A person (A) commits an offence if— | |
(a) A intentionally causes, or allows, A’s vagina or anus to be penetrated, | |
(b) the penetration is by the penis of a living animal, and | |
(c) A knows that, or is reckless as to whether, that is what A is being | |
penetrated by. | 25 |
(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 | |
2 years. | 30 |
72 Sexual penetration of a corpse | |
(1) A person commits an offence if— | |
(a) he intentionally performs an act of penetration with a part of his body | |
or anything else, | |
(b) what is penetrated is a part of the body of a dead person, | 35 |
(c) he knows that, or is reckless as to whether, that is what is penetrated, | |
and | |
(d) the penetration is sexual. | |
(2) A person guilty of an offence under this section is liable— | |
(a) on summary conviction, to imprisonment for a term not exceeding 6 | 40 |
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. | |
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Offences outside the United Kingdom | |
73 Offences outside the United Kingdom | |
(1) Subject to subsection (2), any act done by a person in a country or territory | |
outside the United Kingdom which— | |
(a) constituted an offence under the law in force in that country or | 5 |
territory, and | |
(b) would constitute a sexual offence to which this section applies if it had | |
been done in England and Wales or in Northern Ireland, | |
constitutes that sexual offence under the law of that part of the United | |
Kingdom. | 10 |
(2) Proceedings by virtue of this section may be brought only against a person who | |
was on 1st September 1997, or has since become, a British citizen or resident in | |
the United Kingdom. | |
(3) An act punishable under the law in force in any country or territory constitutes | |
an offence under that law for the purposes of this section, however it is | 15 |
described in that law. | |
(4) Subject to subsection (5), the condition in subsection (1)(a) is to be taken to be | |
met unless, not later than rules of court may provide, the defendant serves on | |
the prosecution a notice— | |
(a) stating that, on the facts as alleged with respect to the act in question, | 20 |
the condition is not in his opinion met, | |
(b) showing his grounds for that opinion, and | |
(c) requiring the prosecution to prove that it is met. | |
(5) The court, if it thinks fit, may permit the defendant to require the prosecution | |
to prove that the condition is met without service of a notice under subsection | 25 |
(4). | |
(6) In the Crown Court the question whether the condition is met is to be decided | |
by the judge alone. | |
(7) Schedule 2 lists the sexual offences to which this section applies. | |
Supplementary and general | 30 |
74 Exceptions to aiding, abetting and counselling | |
(1) A person is not guilty of aiding, abetting or counselling the commission against | |
a child of an offence to which this section applies if he acts for the purpose of— | |
(a) protecting the child from sexually transmitted infection, | |
(b) protecting the physical safety of the child, | 35 |
(c) preventing the child from becoming pregnant, or | |
(d) promoting the child’s emotional well-being by the giving of advice, | |
and not for the purpose of causing or encouraging either the activity | |
constituting the offence or the child’s participation in it. | |
(2) This section applies to— | 40 |
(a) an offence under any of sections 6 to 8 (offences against children under | |
13); | |
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| |
| |
(b) an offence under section 10 (sexual activity with a child); | |
(c) an offence under section 14 which would be an offence under section 10 | |
if the offender were aged 18; | |
(d) an offence under any of sections 18, 27, 32, 36 and 40 (sexual activity) | |
against a person under 16. | 5 |
(3) This section does not affect any other enactment or any rule of law restricting | |
the circumstances in which a person is guilty of aiding, abetting or counselling | |
an offence under this Part. | |
75 “Consent” | |
For the purposes of this Part, a person consents if he agrees by choice, and has | 10 |
the freedom and capacity to make that choice. | |
76 Presumptions about the absence of belief in consent | |
(1) If in proceedings for an offence to which this section applies it is proved— | |
(a) that the defendant did the relevant act, | |
(b) that any of the circumstances specified in subsection (2) existed, and | 15 |
(c) that the defendant knew that those circumstances existed, | |
the complainant is to be taken not to have consented to the relevant act unless | |
sufficient evidence is adduced to raise an issue as to whether he consented, and | |
the defendant is to be taken not to have reasonably believed that the | |
complainant consented unless sufficient evidence is adduced to raise an issue | 20 |
as to whether he reasonably believed it. | |
(2) The circumstances are that— | |
(a) any person was, at the time of the relevant act or immediately before it | |
began, using violence against the complainant or causing the | |
complainant to fear that immediate violence would be used against | 25 |
him; | |
(b) any person was, at the time of the relevant act or immediately before it | |
began, causing the complainant to fear that violence was being used, or | |
that immediate violence would be used, against another person; | |
(c) the complainant was, and the defendant was not, unlawfully detained | 30 |
at the time of the relevant act; | |
(d) the complainant was asleep or otherwise unconscious at the time of the | |
relevant act; | |
(e) because of the complainant’s physical disability, the complainant | |
would not have been able at the time of the relevant act to communicate | 35 |
to the defendant whether the complainant consented. | |
(3) In subsection (2)(a) and (b), the reference to the time immediately before the | |
relevant act began is, in the case of an act which is one of a continuous series of | |
sexual activities, a reference to the time immediately before the first sexual | |
activity began. | 40 |
77 Conclusive presumptions about consent | |
(1) If in proceedings for an offence to which this section applies it is proved that | |
the defendant did the relevant act and that any of the circumstances specified | |
in subsection (2) existed, it is to be conclusively presumed— | |
(a) that the complainant did not consent to the relevant act, and | 45 |
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(b) that the defendant did not believe that the complainant consented to | |
the relevant act. | |
(2) The circumstances are that— | |
(a) the defendant intentionally deceived the complainant as to the nature | |
or purpose of the relevant act; | 5 |
(b) the defendant intentionally induced the complainant to consent to the | |
relevant act by impersonating a person known personally to the | |
complainant. | |
78 Sections 76 and 77: relevant acts | |
In relation to an offence to which sections 76 and 77 apply, references in those | 10 |
sections to the relevant act and to the complainant are to be read as follows— | |
| | Offence | | Relevant Act | | | | | An offence under section 1 (rape). | | The defendant intentionally | | | | | | | penetrating, with his penis, the | | | | | | | vagina, anus or mouth of another | | 15 | | | | | person (“the complainant”). | | | | | An offence under section 3 | | The defendant intentionally | | | | | (assault by penetration). | | penetrating, with a part of his body | | | | | | | or anything else, the vagina or | | | | | | | anus of another person (“the | | 20 | | | | | complainant”), where the | | | | | | | penetration is sexual. | | | | | An offence under section 4 | | The defendant intentionally | | | | | (sexual assault). | | touching another person (“the | | | | | | | complainant”), where the touching | | 25 | | | | | is sexual. | | | | | An offence under section 5 | | The defendant intentionally | | | | | (causing a person to engage in | | causing another person (“the | | | | | sexual activity without consent). | | complainant”) to engage in an | | | | | | | activity, where the activity is | | 30 | | | | | sexual. | | |
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79 “Sexual” | |
For the purposes of this Part, penetration, touching or any other activity is | |
sexual if— | |
(a) from its nature, a reasonable person would consider that it may (at | 35 |
least) be sexual, and | |
(b) a reasonable person would consider that it is sexual because of its | |
nature, its circumstances or the purpose of any person in relation to it, | |
or all or some of those considerations. | |
80 Part 1: general interpretation | 40 |
(1) The following apply for the purposes of this Part. | |
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(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) “Mental disorder” has the meaning given by section 1 of the Mental Health Act | |
1983 (c. 20). | 5 |
(5) “Photograph” and “pseudo-photograph” have the same meaning as in the | |
Protection of Children Act 1978 (c. 37). | |
(6) Touching includes touching— | |
(a) with any part of the body, | |
(b) with anything else, | 10 |
(c) through anything, | |
and in particular includes touching amounting to penetration. | |
(7) “Vagina” includes vulva. | |
(8) In relation to an animal, references to the vagina or anus include references to | |
any similar part. | 15 |
Part 2 | |
Notification and orders | |
Notification requirements | |
81 Persons becoming subject to notification requirements | |
(1) A person is subject to the notification requirements of this Part for the period | 20 |
set out in section 83 (“the notification period”) if— | |
(a) he is convicted of an offence listed in Schedule 3; | |
(b) he is found not guilty of such an offence by reason of insanity; | |
(c) he is found to be under a disability and to have done the act charged | |
against him in respect of such an offence; or | 25 |
(d) in England and Wales or Northern Ireland, he is cautioned in respect of | |
such an offence. | |
(2) A person for the time being subject to the notification requirements of this Part | |
is referred to in this Part as a “relevant offender”. | |
82 Persons formerly subject to Part 1 of the Sex Offenders Act 1997 | 30 |
(1) A person is, from the commencement of this Part until the end of the | |
notification period, subject to the notification requirements of this Part if, | |
before the commencement of this Part— | |
(a) he was convicted of an offence listed in Schedule 3; | |
(b) he was found not guilty of such an offence by reason of insanity; | 35 |
(c) he was found to be under a disability and to have done the act charged | |
against him in respect of such an offence; or | |
(d) in England and Wales or Northern Ireland, he was cautioned in respect | |
of such an offence. | |
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(2) Subsection (1) does not apply if the notification period ended before the | |
commencement of this Part. | |
(3) Subsection (1)(a) does not apply to a conviction before 1st September 1997 | |
unless, at the beginning of that day, the person— | |
(a) had not been dealt with in respect of the offence; | 5 |
(b) was serving a sentence of imprisonment or a term of service detention, | |
or was subject to a community order, in respect of the offence; | |
(c) was subject to supervision, having been released from prison after | |
serving the whole or part of a sentence of imprisonment in respect of | |
the offence; or | 10 |
(d) was detained in a hospital or was subject to a guardianship order, | |
following the conviction. | |
(4) Paragraphs (b) and (c) of subsection (1) do not apply to a finding made before | |
1st September 1997 unless, at the beginning of that day, the person— | |
(a) had not been dealt with in respect of the finding; or | 15 |
(b) was detained in a hospital, following the finding. | |
(5) Subsection (1)(d) does not apply to a caution given before 1st September 1997. | |
(6) A person who would have been within subsection (3)(b) or (d) or (4)(b) but for | |
the fact that at the beginning of 1st September 1997 he was unlawfully at large | |
or absent without leave, on temporary release or leave of absence, or on bail | 20 |
pending an appeal, is to be treated as being within that provision. | |
(7) Where, immediately before the commencement of this Part, an order under a | |
provision within subsection (8) was in force in respect of a person, the person | |
is subject to the notification requirements of this Part from that commencement | |
until the order is discharged or otherwise ceases to have effect. | 25 |
(8) The provisions are— | |
(a) section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders); | |
(b) section 2 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders | |
made in England and Wales); | |
(c) section 2A of the Crime and Disorder Act 1998 (interim orders made in | 30 |
England and Wales); | |
(d) section 20 of the Crime and Disorder Act 1998 (sex offender orders and | |
interim orders made in Scotland); | |
(e) Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. | |
1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland); | 35 |
(f) Article 6A of the Criminal Justice (Northern Ireland) Order 1998 | |
(interim orders made in Northern Ireland). | |
83 The notification period | |
(1) The notification period for a person within section 81(1) or 82(1) is the period | |
in the second column of the following Table opposite the description that | 40 |
applies to him. | |
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