- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)If a person (“A”), who has attained the age of 16 years, intentionally and for a purpose mentioned in subsection (3), sends, by whatever means, a sexual written communication to or directs, by whatever means, a sexual verbal communication at, a child (“B”) 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 communicating indecently with an older child.
(2)If, in circumstances other than are as mentioned in subsection (1), a person (“A”), who has attained the age of 16 years, intentionally and for a purpose mentioned in subsection (3), causes another person (“B”) who is a child described in paragraphs (a) and (b) of subsection (1) to see or hear, by whatever means, a sexual written communication or sexual verbal communication, then A commits an offence, to be known as the offence of causing an older child to see or hear an indecent communication.
(3)The purposes are—
(a)obtaining sexual gratification,
(b)humiliating, distressing or alarming B.
(4)In this section—
“written communication” means a communication in whatever written form, and without prejudice to that generality includes a communication which comprises writings of a person other than A (as for example a passage in a book or magazine), and
“verbal communication” means a communication in whatever verbal form, and without prejudice to that generality includes—
a communication which comprises sounds of sexual activity (whether actual or simulated), and
a communication by means of sign language.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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