The Sexual Offences (Northern Ireland) Order 2008

Preparatory offences

Administering a substance with intent

65.—(1) A person commits an offence if he intentionally administers a substance to, or causes a substance to be taken by, another person (B)—

(a) knowing that B does not consent, and

(b) with the intention of stupefying or overpowering B, so as to enable any person to engage in a sexual activity that involves B.

(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 10 years.

Committing an offence with intent to commit a sexual offence

66.—(1) A person commits an offence under this Article if he commits any offence with the intention of committing a relevant sexual offence.

(2) In this Article “relevant sexual offence” means any offence under—

(a) this Order, or

(b) section 57, 58 or 59 of the Sexual Offences Act 2003 (c. 42) (trafficking for sexual exploitation),

including an offence of aiding, abetting, counselling or procuring such an offence.

(3) A person guilty of an offence under this Article—

(a) where the offence is committed by kidnapping or false imprisonment, or

(b) where—

(i) the offence is committed by assault, and

(ii) the intended relevant sexual offence is an offence under Article 5 or 6,

is liable on conviction on indictment, to imprisonment for life.

(4) Unless paragraph (3) applies, 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 10 years.

Trespass with intent to commit a sexual offence

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

(a) he is a trespasser on any premises,

(b) he intends to commit a relevant sexual offence on the premises, and

(c) he knows that, or is reckless as to whether, he is a trespasser.

(2) In this Article—

“premises” includes a structure or part of a structure;

“relevant sexual offence” has the same meaning as in Article 66;

“structure” includes a tent, vehicle or vessel or other temporary or movable structure.

(3) A person guilty of an offence under this Article is liable on conviction on indictment, where the intended relevant sexual offence is an offence under Article 5 or 6, to imprisonment for a term not exceeding 14 years.

(4) Unless paragraph (3) applies, 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 10 years.