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Sexual Offences (Scotland) Act 2009

Changes over time for: SCHEDULE 2

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SCHEDULE 2SPenalties

(introduced by section 48)

This schedule has no associated Explanatory Notes
OffenceSection introducing offenceMaximum penalty on summary convictionMaximum penalty on conviction on indictment
RapeSection 1Life imprisonment and a fine
Sexual assault by penetrationSection 2Life imprisonment and a fine
Sexual assaultSection 3Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Life imprisonment or a fine (or both)
Sexual coercionSection 4Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Life imprisonment or a fine (or both)
Coercing a person into being present during a sexual activitySection 5Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Coercing a person into looking at a sexual imageSection 6Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Communicating indecentlySection 7(1)Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Causing a person to see or hear an indecent communicationSection 7(2)Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Sexual exposureSection 8Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
VoyeurismSection 9Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
Administering a substance for sexual purposesSection 11Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
Rape of a young childSection 18Life imprisonment and a fine
Sexual assault on a young child by penetrationSection 19Life imprisonment and a fine
Sexual assault on a young childSection 20Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Life imprisonment or a fine (or both)
Causing a young child to participate in a sexual activitySection 21Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Life imprisonment or a fine (or both)
Causing a young child to be present during a sexual activitySection 22Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Causing a young child to look at a sexual imageSection 23Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Communicating indecently with a young childSection 24(1)Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Causing a young child to see or hear an indecent communicationSection 24(2)Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Sexual exposure to a young childSection 25Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Voyeurism towards a young childSection 26Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Having intercourse with an older childSection 28Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Engaging in penetrative sexual activity with or towards an older childSection 29Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Engaging in sexual activity with or towards an older childSection 30Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Causing an older child to participate in a sexual activitySection 31Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Causing an older child to be present during a sexual activitySection 32Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
Causing an older child to look at a sexual imageSection 33Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
Communicating indecently with an older childSection 34(1)Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
Causing an older child to see or hear an indecent communicationSection 34(2)Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
Sexual exposure to an older childSection 35Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
Voyeurism towards an older childSection 36Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
Engaging while an older child in sexual conduct with or towards another older childSection 37(1)Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Engaging while an older child in consensual sexual conduct with another older childSection 37(4)Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 10 years or a fine (or both)
Sexual abuse of trustSection 42Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both)
Sexual abuse of trust of a mentally disordered personSection 46Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)Imprisonment for a term not exceeding 5 years or a fine (or both).

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