(1)If a person (“A”), intentionally and for a purpose mentioned in subsection (3), sends, by whatever means, a sexual written communication to or directs, by whatever means, a sexual verbal communication at, another person (“B”)—
(a)without B consenting to its being so sent or directed, and
(b)without any reasonable belief that B consents to its being so sent or directed,
then A commits an offence, to be known as the offence of communicating indecently.
(2)If, in circumstances other than are as mentioned in subsection (1), a person (“A”), intentionally and for a purpose mentioned in subsection (3), causes another person (“B”) to see or hear, by whatever means, a sexual written communication or sexual verbal communication—
(a)without B consenting to seeing or as the case may be hearing it, and
(b)without any reasonable belief that B consents to seeing or as the case may be hearing it,
then A commits an offence, to be known as the offence of causing a person to see or hear an indecent communication.
(3)The purposes are—
(a)obtaining sexual gratification,
(b)humiliating, distressing or alarming B.
(4)In this section—
“written communication” means a communication in whatever written form, and without prejudice to that generality includes a communication which comprises writings of a person other than A (as for example a passage in a book or magazine), and
“verbal communication” means a communication in whatever verbal form, and without prejudice to that generality includes—
a communication which comprises sounds of sexual activity (whether actual or simulated), and
a communication by means of sign language.