some default text...
          House of Commons portcullis
House of Commons
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    29

 

                  (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;

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

5

14 years.

 51    Arranging or facilitating child prostitution or pornography

     (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

10

           (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—

15

           (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    Sections 49 to 51: interpretation

20

     (1)    For the purposes of sections 49 to 51, a person is involved in pornography if an

indecent image of that person is recorded; and similar 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

25

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

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

     (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.

30

Exploitation of prostitution

 53    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

35

           (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

40

7 years.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    30

 

 54    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

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

5

     (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

7 years.

10

 55    Sections 53 and 54: interpretation

     (1)    In sections 53 and 54, “gain” means—

           (a)           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; or

15

           (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 52(2).

Extension of gender-specific prostitution offences

20

 56    Extension of gender-specific prostitution offences

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

Trafficking

 57    Trafficking into the UK for sexual exploitation

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

25

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

           (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

30

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

35

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.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    31

 

 58    Trafficking within the UK for sexual exploitation

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

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

           (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

5

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

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

commission of a relevant offence.

10

     (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.

15

 59    Trafficking out of the UK for sexual exploitation

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

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

           (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

20

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

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

offence.

25

     (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.

30

 60    Sections 57 to 59: interpretation and jurisdiction

     (1)    In sections 57 to 59, “relevant offence” means—

                  (a)                 an offence under this Part,

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

Act 1978 (c. 37),

35

                  (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

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

                  (e)                 anything done outside England and Wales and Northern

40

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.

     (2)    Sections 57 to 59 apply to anything done—

           (a)           in the United Kingdom, or

45

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    32

 

           (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.

     (3)    This subsection applies to—

           (a)           a British citizen,

5

           (b)           a British overseas territories citizen,

           (c)           a British National (Overseas),

           (d)           a British Overseas citizen,

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

(c. 61),

10

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

that Act.

Preparatory offences

 61    Administering a substance with intent

     (1)    A person commits an offence if he intentionally administers a substance to, or

15

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—

20

           (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

25

     (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).

30

     (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—

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

10 years.

 63    Trespass with intent to commit a sexual offence

40

     (1)           A person commits an offence if—

           (a)                         he is a trespasser on any premises,

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    33

 

           (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;

5

                    “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;

10

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

10 years.

Sex with an adult relative

 64    Sex with an adult relative: penetration

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

15

           (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,

           (b)           the penetration is sexual,

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

20

           (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.

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

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

25

     (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

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

30

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

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

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

35

2 years.

 65    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,

40

           (b)           A consents to the penetration,

           (c)           the penetration is sexual,

           (d)                         B is aged 18 or over,

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    34

 

           (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.

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

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

5

     (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

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

10

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

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

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

15

2 years.

Other offences

 66    Sexual activity in a public lavatory

     (1)    A person commits an offence if—

           (a)           he is in a lavatory to which the public or a section of the public has or is

20

permitted to have access, whether on payment or otherwise,

           (b)           he intentionally engages in an activity, and,

           (c)           the activity is sexual.

     (2)    For the purposes of this section, an activity is sexual if a reasonable person

would, in all the circumstances but regardless of any person’s purpose,

25

consider it to be sexual.

     (3)    A person guilty of an offence under this section is liable on summary

conviction, to imprisonment for a term not exceeding 6 months or a fine not

exceeding level 5 on the standard scale or both.

 67    Exposure

30

     (1)    A person commits an offence if—

           (a)           he intentionally exposes his genitals, and

           (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—

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

2 years.

 68    Voyeurism

40

     (1)           A person commits an offence if—

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    35

 

           (a)           for the purpose of obtaining sexual gratification, he observes another

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—

5

           (a)           he operates equipment with the intention of enabling another person to

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.

10

     (3)           A person commits an offence if—

           (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

15

           (c)           he knows that B does not consent to his recording the act with that

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).

20

     (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

2 years.

25

 69    Voyeurism: interpretation

     (1)    For the purposes of section 68, 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

30

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.

     (2)           In section 68 and this section, “structure” includes a tent, vehicle or vessel or

35

other temporary or movable structure.

 70    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

40

           (c)           he knows that, or is reckless as to whether, that is what is penetrated.

     (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

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2003
Revised 17 October 2003