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Sexual Offences (Scotland) Act 2009
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Sexual Offences (Scotland) Act 2009, Section 30 is up to date with all changes known to be in force on or before 05 December 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.
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30Engaging in sexual activity with or towards an older childS
This section has no associated Explanatory Notes
(1)If a person (“A”), who has attained the age of 16 years, does any of the things mentioned in subsection (2), “B” being in each case a child who—
(a)has attained the age of 13 years, but
(b)has not attained the age of 16 years,
then A commits an offence, to be known as the offence of engaging in sexual activity with or towards an older child.
(2)Those things are, that A—
(a)penetrates sexually, by any means and to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B,
(b)intentionally or recklessly touches B sexually,
(c)engages in any other form of sexual activity in which A, intentionally or recklessly, has physical contact (whether bodily contact or contact by means of an implement and whether or not through clothing) with B,
(d)intentionally or recklessly ejaculates semen onto B,
(e)intentionally or recklessly emits urine or saliva onto B sexually.
(3)Without prejudice to the generality of paragraph (a) of subsection (2), the reference in the paragraph to penetration by any means is to be construed as including a reference to penetration with A's penis.
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