34Inducement, threat or deception to procure sexual activity with a person with a mental disorderE+W
(1)A person (A) commits an offence if—
(a)with the agreement of another person (B) he intentionally touches that person,
(b)the touching is sexual,
(c)A obtains B’s agreement by means of an inducement offered or given, a threat made or a deception practised by A for that purpose,
(d)B has a mental disorder, and
(e)A knows or could reasonably be expected to know that B has a mental disorder.
(2)A person guilty of an offence under this section, if the touching involved—
(a)penetration of B’s anus or vagina with a part of A’s body or anything else,
(b)penetration of B’s mouth with A’s penis,
(c)penetration of A’s anus or vagina with a part of B’s body, or
(d)penetration of A’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for life.
(3)Unless subsection (2) applies, 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 14 years.