Part 1Sexual Offences
Other offences
66Exposure
F11
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.
67Voyeurism
F21
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.
68Voyeurism: interpretation
F31
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.
2
In section 67, “structure” includes a tent, vehicle or vessel or other temporary or movable structure.
69Intercourse with an animal
F41
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.
70Sexual penetration of a corpse
F51
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.
71Sexual activity in a public lavatory
F61
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.