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The Sexual Offences (Northern Ireland) Order 2008

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This is the original version (as it was originally made).

Arranging or facilitating commission of a sex offence against a child

This section has no associated Explanatory Memorandum

21.—(1) A person commits an offence if—

(a)he intentionally arranges or facilitates something that he intends to do, intends another person to do, or believes that another person will do, in any part of the world, and

(b)doing it will involve the commission of an offence under any of Articles 16 to 20.

(2) A person does not commit an offence under this Article if—

(a)he arranges or facilitates something that he believes another person will do, but that he does not intend to do or intend another to do, and

(b)any offence within paragraph (1)(b) would be an offence against a child for whose protection he acts.

(3) For the purposes of paragraph (2), a person acts for the protection of a child if he acts for the purpose of—

(a)protecting the child from sexually transmitted infection,

(b)protecting the physical safety of the child,

(c)preventing the child from becoming pregnant, or

(d)promoting the child’s emotional well-being by the giving of advice,

and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence within paragraph (1)(b) or the child’s participation in it.

(4) 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 14 years.

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