- Draft legislation
This is a draft item of legislation and has not yet been made as a NorthernIrelandDraftOrderInCouncil.
54.—(1) A person (A) commits an offence if—
(a)for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,
(b)the activity is sexual,
(c)B has a mental disorder,
(d)A knows or could reasonably be expected to know that B has a mental disorder, and
(e)A is involved in B’s care in a way that falls within Article 55.
(2) Where in proceedings for an offence under this Article it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.
(3) A person guilty of an offence under this Article is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 7 years.
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