32Causing an older child to be present during a sexual activity
(1)If a person (“A”), who has attained the age of 16 years either—
(a)intentionally engages in a sexual activity and for a purpose mentioned in subsection (2) does so in the presence of a child (“B”), who—
(i)has attained the age of 13 years, but
(ii)has not attained the age of 16 years, or
(b)intentionally, and for a purpose mentioned in subsection (2) causes B to be present while a third person engages in such an activity,
then A commits an offence, to be known as the offence of causing an older child to be present during a sexual activity.
(2)The purposes are—
(a)obtaining sexual gratification,
(b)humiliating, distressing or alarming B.
(3)Without prejudice to the generality of subsection (1), the reference—
(a)in paragraph (a) of that subsection to A engaging in a sexual activity in the presence of B, includes a reference to A engaging in it in a place in which A can be observed by B other than by B looking at an image, and
(b)in paragraph (b) of that subsection to B being present while a third person engages in such an activity, includes a reference to B being in a place from which the third person can be so observed by B.