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SCHEDULES

SCHEDULE 1Consequential amendments: voyeurism and unwanted sexual images

Sexual Offences Act 2003 (c. 42)

4.  In Schedule 3 (sexual offences for purposes of notification requirements), after paragraph 92V insert—

92VA.(1) An offence under Article 71A or 71B of that Order (voyeurism: additional offences) if—

(a)the offence was committed for the purpose mentioned in Articles 71A(2)(a)(i) and (5)(a)(i) and 71B(2)(a)(i) and (5)(a)(i) (sexual gratification), and

(b)the relevant condition is met.

(2) Where the offender was under 18, the relevant condition is that the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

(3) In any other case, the relevant condition is that—

(a)the victim was under 18, or

(b)the offender, in respect of the offence or finding, is or has been—

(i)sentenced to a term of imprisonment,

(ii)detained in a hospital, or

(iii)made the subject of a community sentence of at least 12 months.

92VB.(1) An offence under Article 72A of that Order (sending etc an unwanted sexual image) if—

(a)the offence was committed for the purpose mentioned in Article 72A(3)(a) (sexual gratification), and

(b)the relevant condition is met.

(2) Where the offender was under 18, the relevant condition is that the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

(3) In any other case, the relevant condition is that—

(a)the victim was under 18, or

(b)the offender, in respect of the offence or finding, is or has been—

(i)sentenced to a term of imprisonment,

(ii)detained in a hospital, or

(iii)made the subject of a community sentence of at least 12 months..