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Sexual Offences Act 2003

Changes over time for: Cross Heading: Other offences

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Changes to legislation:

Sexual Offences Act 2003, Cross Heading: Other offences is up to date with all changes known to be in force on or before 04 July 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Other offencesE+W

66ExposureE+W

[F1(1)A person commits an offence if—

(a)he intentionally exposes his genitals, and

(b)he intends that someone will see them and be caused alarm or distress.

(2)A person guilty of an offence under this section 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 2 years.]

Textual Amendments

67VoyeurismE+W

[F2(1)A person commits an offence if—

(a)for the purpose of obtaining sexual gratification, he observes another person doing a private act, and

(b)he knows that the other person does not consent to being observed for his sexual gratification.

(2)A person commits an offence if—

(a)he operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, and

(b)he knows that B does not consent to his operating equipment with that intention.

(3)A person commits an offence if—

(a)he records another person (B) doing a private act,

(b)he does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, and

(c)he knows that B does not consent to his recording the act with that intention.

(4)A person commits an offence if he instals equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit an offence under subsection (1).

(5)A person guilty of an offence under this section 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 2 years.]

Textual Amendments

[F367AVoyeurism: additional offencesE+W

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

(a)A operates equipment beneath the clothing of another person (B),

(b)A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection (3), to observe—

(i)B's genitals or buttocks (whether exposed or covered with underwear), or

(ii)the underwear covering B's genitals or buttocks,

in circumstances where the genitals, buttocks or underwear would not otherwise be visible, and

(c)A does so—

(i)without B's consent, and

(ii)without reasonably believing that B consents.

(2)A person (A) commits an offence if—

(a)A records an image beneath the clothing of another person (B),

(b)the image is of—

(i)B's genitals or buttocks (whether exposed or covered with underwear), or

(ii)the underwear covering B's genitals or buttocks,

in circumstances where the genitals, buttocks or underwear would not otherwise be visible,

(c)A does so with the intention that A or another person (C) will look at the image for a purpose mentioned in subsection (3), and

(d)A does so—

(i)without B's consent, and

(ii)without reasonably believing that B consents.

(3)The purposes referred to in subsections (1) and (2) are—

(a)obtaining sexual gratification (whether for A or C);

(b)humiliating, alarming or distressing B.

(4)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years.

(5)In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003 (increase in maximum term that may be imposed on summary conviction of offence triable either way), the reference in subsection (4)(a) to 12 months is to be read as a reference to 6 months.]

Textual Amendments

68Voyeurism: interpretationE+W

[F4(1)For the purposes of section 67, a person is doing a private act if the person is in a place which, in the circumstances, would reasonably be expected to provide privacy, and—

(a)the person’s genitals, buttocks or breasts are exposed or covered only with underwear,

(b)the person is using a lavatory, or

(c)the person is doing a sexual act that is not of a kind ordinarily done in public.

[F5(1A)For the purposes of sections 67 and 67A, operating equipment includes enabling or securing its activation by another person without that person's knowledge.]

(2)In section 67, “structure” includes a tent, vehicle or vessel or other temporary or movable structure.]

Textual Amendments

F5S. 68(1A) inserted (12.4.2019) by Voyeurism (Offences) Act 2019 (c. 2), ss. 1(3), 2(2)

69Intercourse with an animalE+W

[F6(1)A person commits an offence if—

(a)he intentionally performs an act of penetration with his penis,

(b)what is penetrated is the vagina or anus of a living animal, and

(c)he knows that, or is reckless as to whether, that is what is penetrated.

(2)A person (A) commits an offence if—

(a)A intentionally causes, or allows, A’s vagina or anus to be penetrated,

(b)the penetration is by the penis of a living animal, and

(c)A knows that, or is reckless as to whether, that is what A is being penetrated by.

(3)A person guilty of an offence under this section 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 2 years.]

Textual Amendments

70Sexual penetration of a corpseE+W

[F7(1)A person commits an offence if—

(a)he intentionally performs an act of penetration with a part of his body or anything else,

(b)what is penetrated is a part of the body of a dead person,

(c)he knows that, or is reckless as to whether, that is what is penetrated, and

(d)the penetration is sexual.

(2)A person guilty of an offence under this section 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 2 years.]

Textual Amendments

71Sexual activity in a public lavatoryE+W

[F8(1)A person commits an offence if—

(a)he is in a lavatory to which the public or a section of the public has or is permitted to have access, whether on payment or otherwise,

(b)he intentionally engages in an activity, and,

(c)the activity is sexual.

(2)For the purposes of this section, an activity is sexual if a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider it to be sexual.

(3)A person guilty of an offence under this section is liable on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.]

Textual Amendments

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