Explanatory Notes

Sexual Offences (Scotland) Act 2009

2009 asp 9

14 July 2009

Commentary on Sections

Part 4 – Children

Older Children

Section 33 – Causing an older child to look at a sexual image

89.This section creates the offence of “causing an older child to look at a sexual image”. Subsection (1) provides that the offence is committed where a person over the age of 16 intentionally causes an older child to look at a sexual image.

90.Subsection (2) provides that it is an offence only where the perpetrator acts for the purpose of obtaining sexual gratification or to humiliate, distress or alarm the older child

91.Subsection (3) provides a definition of a “sexual image” for the purposes of this section. It is the same as that used in the offence at section 6 (see paragraph 22).