4. For the purposes of this Order, except [F1Article 22A (sexual communication with a child) or] Article 75 (sexual activity in a public lavatory), penetration, touching or any other activity is sexual if a reasonable person would consider that—
(a)whatever its circumstances or any person's purpose in relation to it, it is because of its nature sexual, or
(b)because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both), it is sexual.
Textual Amendments
F1Words in art. 4 inserted (25.7.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 90(2), 106(1)(b)