Sexual Offences (Scotland) Act 2009 (asp 9)

Part 1 S Rape etc.

Sexual assault and other sexual offences S

10 Interpretation of section 9 S

(1) For the purposes of section 9, a person is doing a private act if the person is in a place 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 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) For the purposes of section 9(3) [F1 and (4A)], operating equipment includes enabling or securing its activation by another person without that person's knowledge.

(3) In section 9(5), “structure” includes a tent, vehicle or vessel or other temporary or movable structure.

Textual Amendments

F1 Words in s. 10(2) inserted (1.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 43(3), 206; S.S.I. 2010/357, art. 2(b)