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Sexual Offences (Scotland) Act 2009

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This is the original version (as it was originally enacted).

7Communicating indecently etc.

This section has no associated Explanatory Notes

(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)

    a communication which comprises sounds of sexual activity (whether actual or simulated), and

    (b)

    a communication by means of sign language.

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