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(a) it is proved that the defendant was in a position of trust in relation to | |
the other person by virtue of circumstances within section 23(2), (3), (4) | |
or (5), and | |
(b) it is not proved that he was in such a position of trust by virtue of other | |
circumstances, | 5 |
it is to be taken that the defendant knew or could reasonably have been | |
expected to know of the circumstances by virtue of which he was in such a | |
position of trust unless sufficient evidence is adduced to raise an issue as to | |
whether he knew or could reasonably have been expected to know of those | |
circumstances. | 10 |
(5) 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 | |
5 years. | 15 |
19 Abuse of position of trust: causing or inciting a child to engage in sexual | |
activity | |
(1) A person aged 18 or over (A) commits an offence if— | |
(a) he intentionally causes or incites another person (B) to engage in an | |
activity, | 20 |
(b) the activity is sexual, | |
(c) A is in a position of trust in relation to B, | |
(d) where subsection (2) applies, A knows or could reasonably be expected | |
to know of the circumstances by virtue of which he is in a position of | |
trust in relation to B, and | 25 |
(e) 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) This subsection applies where A— | 30 |
(a) is in a position of trust in relation to B by virtue of circumstances within | |
section 23(2), (3), (4) or (5), and | |
(b) is not in such a position of trust by virtue of other circumstances. | |
(3) Where in proceedings for an offence under this section it is proved that the | |
other person was under 18, the defendant is to be taken not to have reasonably | 35 |
believed that that person was 18 or over unless sufficient evidence is adduced | |
to raise an issue as to whether he reasonably believed it. | |
(4) Where in proceedings for an offence under this section— | |
(a) it is proved that the defendant was in a position of trust in relation to | |
the other person by virtue of circumstances within section 23(2), (3), (4) | 40 |
or (5), and | |
(b) it is not proved that he was in such a position of trust by virtue of other | |
circumstances, | |
it is to be taken that the defendant knew or could reasonably have been | |
expected to know of the circumstances by virtue of which he was in such a | 45 |
position of trust unless sufficient evidence is adduced to raise an issue as to | |
whether he knew or could reasonably have been expected to know of those | |
circumstances. | |
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|
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(5) 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 | |
5 years. | 5 |
20 Abuse of position of trust: sexual activity in the presence of a child | |
(1) A person aged 18 or over (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 in the | 10 |
presence of another person (B), knowing or believing that B is aware, or | |
intending that B should be aware, that he is engaging in it, | |
(d) A is in a position of trust in relation to B, | |
(e) where subsection (2) applies, A knows or could reasonably be expected | |
to know of the circumstances by virtue of which he is in a position of | 15 |
trust in relation to B, and | |
(f) either— | |
(i) B is under 18 and A does not reasonably believe that B is 18 or | |
over, or | |
(ii) B is under 13. | 20 |
(2) This subsection applies where A— | |
(a) is in a position of trust in relation to B by virtue of circumstances within | |
section 23(2), (3), (4) or (5), and | |
(b) is not in such a position of trust by virtue of other circumstances. | |
(3) Where in proceedings for an offence under this section it is proved that the | 25 |
other person was under 18, the defendant is to be taken not to have reasonably | |
believed that that person was 18 or over unless sufficient evidence is adduced | |
to raise an issue as to whether he reasonably believed it. | |
(4) Where in proceedings for an offence under this section— | |
(a) it is proved that the defendant was in a position of trust in relation to | 30 |
the other person by virtue of circumstances within section 23(2), (3), (4) | |
or (5), and | |
(b) it is not proved that he was in such a position of trust by virtue of other | |
circumstances, | |
it is to be taken that the defendant knew or could reasonably have been | 35 |
expected to know of the circumstances by virtue of which he was in such a | |
position of trust unless sufficient evidence is adduced to raise an issue as to | |
whether he knew or could reasonably have been expected to know of those | |
circumstances. | |
(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 | |
5 years. | |
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21 Abuse of position of trust: causing a child to watch a sexual act | |
(1) A person aged 18 or over (A) commits an offence if— | |
(a) for the purpose of obtaining sexual gratification, he intentionally causes | |
another person (B) to watch a third person engaging in an activity, or to | |
look at a photograph or pseudo-photograph of any person engaging in | 5 |
an activity, | |
(b) the activity is sexual, | |
(c) A is in a position of trust in relation to B, | |
(d) where subsection (2) applies, A knows or could reasonably be expected | |
to know of the circumstances by virtue of which he is in a position of | 10 |
trust in relation to B, and | |
(e) either— | |
(i) B is under 18 and A does not reasonably believe that B is 18 or | |
over, or | |
(ii) B is under 13. | 15 |
(2) This subsection applies where A— | |
(a) is in a position of trust in relation to B by virtue of circumstances within | |
section 23(2), (3), (4) or (5), and | |
(b) is not in such a position of trust by virtue of other circumstances. | |
(3) Where in proceedings for an offence under this section it is proved that the | 20 |
other person was under 18, the defendant is to be taken not to have reasonably | |
believed that that person was 18 or over unless sufficient evidence is adduced | |
to raise an issue as to whether he reasonably believed it. | |
(4) Where in proceedings for an offence under this section— | |
(a) it is proved that the defendant was in a position of trust in relation to | 25 |
the other person by virtue of circumstances within section 23(2), (3), (4) | |
or (5), and | |
(b) it is not proved that he was in such a position of trust by virtue of other | |
circumstances, | |
it is to be taken that the defendant knew or could reasonably have been | 30 |
expected to know of the circumstances by virtue of which he was in such a | |
position of trust unless sufficient evidence is adduced to raise an issue as to | |
whether he knew or could reasonably have been expected to know of those | |
circumstances. | |
(5) A person guilty of an offence under this section is liable— | 35 |
(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 | |
5 years. | |
22 Abuse of position of trust: acts done in Scotland | 40 |
Anything which, if done in England and Wales or Northern Ireland, would | |
constitute an offence under any of sections 18 to 21 also constitutes that offence | |
if done in Scotland. | |
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23 Positions of trust | |
(1) For the purposes of sections 18 to 21, a person (A) is in a position of trust in | |
relation to another person (B) if— | |
(a) any of subsections (2) to (8) applies, or | |
(b) any condition specified in an order made by the Secretary of State is | 5 |
met. | |
(2) This subsection applies if A looks after persons under 18 who are detained in | |
an institution by virtue of a court order or under an enactment, and B is so | |
detained in that institution. | |
(3) This subsection applies if A looks after persons under 18 who are resident in a | 10 |
home or other place in which— | |
(a) accommodation and maintenance are provided by an authority under | |
section 23(2) of the Children Act 1989 (c. 41) or Article 27(2) of the | |
Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), or | |
(b) accommodation is provided by a voluntary organisation under section | 15 |
59(1) of that Act or Article 75(1) of that Order, | |
and B is resident, and is so provided with accommodation and maintenance or | |
accommodation, in that place. | |
(4) This subsection applies if A looks after persons under 18 who are | |
accommodated and cared for in one of the following institutions— | 20 |
(a) a hospital, | |
(b) an independent clinic, | |
(c) a care home, residential care home or private hospital, | |
(d) a community home, voluntary home or children’s home, | |
(e) a home provided under section 82(5) of the Children Act 1989, or | 25 |
(f) a residential family centre, | |
and B is accommodated and cared for in that institution. | |
(5) This subsection applies if A looks after persons under 18 who are receiving | |
education at an educational institution and B is receiving, and A is not | |
receiving, education at that institution. | 30 |
(6) This subsection applies if A is engaged in the provision of services under, or | |
pursuant to anything done under, section 114 of the Learning and Skills Act | |
2000 (c. 21) and, in that capacity, looks after B on an individual basis. | |
(7) This subsection applies if A is a personal adviser appointed for B under— | |
(a) section 23B(2) of, or paragraph 19C of Schedule 2 to, the Children Act | 35 |
1989, or | |
(b) Article 34A(10) or 34C(2) of the Children (Northern Ireland) Order | |
1995, | |
and, in that capacity, looks after B on an individual basis. | |
(8) This subsection applies if— | 40 |
(a) B is subject to requirements imposed by or under an enactment on his | |
release from detention for a criminal offence, or is subject to | |
requirements imposed by a court order made in criminal proceedings, | |
and | |
(b) A looks after B on an individual basis in pursuance of the requirements. | 45 |
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