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Sexual Offences (Scotland) Act 2009

Status:

This is the original version (as it was originally enacted).

SCHEDULE 2Penalties

(introduced by section 48)

This schedule has no associated Explanatory Notes
OffenceSection introducing offenceMaximum penalty on summary convictionMaximum penalty on conviction on indictment
RapeSection 1Life imprisonment and a fine
Sexual assault by penetrationSection 2Life imprisonment and a fine
Sexual assaultSection 3Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Life imprisonment or a fine (or both)
Sexual coercionSection 4Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Life imprisonment or a fine (or both)
Coercing a person into being present during a sexual activitySection 5Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Coercing a person into looking at a sexual imageSection 6Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Communicating indecentlySection 7(1)Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Causing a person to see or hear an indecent communicationSection 7(2)Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Sexual exposureSection 8Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
VoyeurismSection 9Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
Administering a substance for sexual purposesSection 11Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
Rape of a young childSection 18Life imprisonment and a fine
Sexual assault on a young child by penetrationSection 19Life imprisonment and a fine
Sexual assault on a young childSection 20Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Life imprisonment or a fine (or both)
Causing a young child to participate in a sexual activitySection 21Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Life imprisonment or a fine (or both)
Causing a young child to be present during a sexual activitySection 22Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Causing a young child to look at a sexual imageSection 23Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Communicating indecently with a young childSection 24(1)Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Causing a young child to see or hear an indecent communicationSection 24(2)Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Sexual exposure to a young childSection 25Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Voyeurism towards a young childSection 26Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Having intercourse with an older childSection 28Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Engaging in penetrative sexual activity with or towards an older childSection 29Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Engaging in sexual activity with or towards an older childSection 30Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Causing an older child to participate in a sexual activitySection 31Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Causing an older child to be present during a sexual activitySection 32Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
Causing an older child to look at a sexual imageSection 33Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
Communicating indecently with an older childSection 34(1)Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
Causing an older child to see or hear an indecent communicationSection 34(2)Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
Sexual exposure to an older childSection 35Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
Voyeurism towards an older childSection 36Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
Engaging while an older child in sexual conduct with or towards another older childSection 37(1)Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Engaging while an older child in consensual sexual conduct with another older childSection 37(4)Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Sexual abuse of trustSection 42Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
Sexual abuse of trust of a mentally disordered personSection 46Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both).

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