Part 1Rape etc.

Sexual assault and other sexual offences

7Communicating indecently etc.

(1)

If a person (“A”), 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, another person (“B”)—

(a)

without B consenting to its being so sent or directed, and

(b)

without any reasonable belief that B consents to its being so sent or directed,

then A commits an offence, to be known as the offence of communicating indecently.

(2)

If, in circumstances other than are as mentioned in subsection (1), a person (“A”), intentionally and for a purpose mentioned in subsection (3), causes another person (“B”) to see or hear, by whatever means, a sexual written communication or sexual verbal communication—

(a)

without B consenting to seeing or as the case may be hearing it, and

(b)

without any reasonable belief that B consents to seeing or as the case may be hearing it,

then A commits an offence, to be known as the offence of causing a person 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)

a communication which comprises sounds of sexual activity (whether actual or simulated), and

(b)

a communication by means of sign language.