Sexual Offences (Scotland) Act 2009 Explanatory Notes

Section 24 – Communicating indecently with a young child etc

67.This section creates two offences, each relating to sexual communication with a young child. There are some common features shared by both offences.

68.Subsection (1) creates the offence of “communicating indecently with a young child”. It is committed if a person intentionally sends a young child a sexual written communication by whatever means or directs a sexual verbal communication at a young child, by whatever means.

69.Subsection (2) creates the offence of “causing a young child to see or hear an indecent communication”. It is committed if a person causes the young child to see a sexual written communication or to hear a sexual verbal communication in circumstances other than as described in subsection (1).

70.Subsection (3) provides that an offence is committed only where the perpetrator acts for the purpose of obtaining sexual gratification or to humiliate, distress or alarm the young child.

71.Subsection (4) defines “written communication” and “verbal communication” for the purposes of this section.

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