Search Legislation

Sexual Offences (Scotland) Act 2009

Status:

This is the original version (as it was originally enacted).

This section has no associated Explanatory Notes

5An offence under any of the following provisions of the Sexual Offences Act 2003 (c. 42) against a person under the age of 16—

(a)section 1 (rape),

(b)section 2 (assault by penetration),

(c)section 3 (sexual assault),

(d)section 4 (causing a person to engage in sexual activity without consent),

(e)section 16 (abuse of position of trust: sexual activity with a child under 18),

(f)section 17 (abuse of position of trust: causing or inciting a child under 18 to engage in sexual activity),

(g)section 18 (abuse of position of trust: sexual activity in the presence of a child under 18),

(h)section 19 (abuse of position of trust: causing a child under 18 to watch a sexual act),

(i)section 25 (sexual activity with a family member under 18),

(j)section 26 (inciting a family member under 18 to engage in sexual activity),

(k)section 38 (care workers: sexual activity with a person with a mental disorder),

(l)section 39 (care workers: causing or inciting a person with a mental disorder to engage in sexual activity),

(m)section 40 (care workers: sexual activity in the presence of a person with a mental disorder),

(n)section 41 (care workers: causing a person with a mental disorder to watch a sexual act),

(o)section 47 (paying for sexual services of a person under 18),

(p)section 48 (causing or inciting a child under 18 to become a prostitute or to be involved in pornography),

(q)section 49 (controlling the activities of a child under 18 in relation to prostitution or involvement in pornography),

(r)section 50 (arranging or facilitating the prostitution or involvement in pornography of a child under 18),

(s)section 61 (administering a substance with intention of stupefying etc. for sexual activity),

(t)section 66 (exposure of genitals),

(u)section 67 (voyeurism).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources