The Sexual Offences (Northern Ireland) Order 2008 No. 1769 (NI. 2)

PART 5 N.I. PROSTITUTION[F1 AND PAYING FOR SEXUAL SERVICES OF A PERSON]

Textual Amendments

F1 Words in Pt. 5 heading inserted (1.6.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), ss. 15(2), 28(5)

Exploitation of prostitution N.I.

[F2 Paying for sexual services of a person N.I.

64A— (1) A person (A) commits an offence if A obtains sexual services from a person (B)in exchange for payment—

(a) if the payment is made or promised by A; or

(b) if the payment is made or promised by a third party and A knows or believes that the payment is made or promised by a third party.

(2) 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 one year or a fine, or both.

(3)  In paragraph (1), “ payment ” means any financial advantage to B, or any person other than B, including the discharge of an obligation to pay or the provision of goods or services (other than sexual services)gratuitously or at a discount.

[F3 (4) No offence is committed under this Article unless the sexual services that are provided or are to be provided by B to A fall within paragraph (4A) or (4B).

(4A) Sexual services fall within this paragraph if they involve—

(a) B being physically in A’s presence,

(b) B touching A or A touching B, and

(c) the touching being sexual.

(4B) Sexual services fall within this paragraph if they involve—

(a) B being physically in A’s presence, and

(b) B touching B in a sexual manner for the sexual gratification of A.]

(5) B does not commit an offence by doing anything which (apart from this paragraph) would amount to—

(a) aiding, abetting, counselling or procuring the commission of an offence under this Article by A;

(b) conspiring with A to commit an offence under this Article; or

(c) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting offences) in relation to the commission of an offence under this Article by A.]

Textual Amendments

F2 Art. 64A substituted (1.6.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), ss. 15(5), 28(5)

F3 Art. 64A(4)-(4B) substituted for art. 64A(4) (27.11.2023) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), s. 30(2), Sch. 2 para. 10; S.R. 2023/188, art. 3(b)