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(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. | |
| |
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| |
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. | |
| |
| |
|
| |
| |
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 |
| |
| |
|
| |
| |
(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, | |
| |
| |
|
| |
| |
(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, | |
| |
| |
|
| |
| |
(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— | |
| |
| |
|
| |
| |
(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 | |
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