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- Original (As made)
This is the original version (as it was originally made).
47.—(1) A person (A) commits an offence if—
(a)with the agreement of another person (B) he intentionally touches that person,
(b)the touching is sexual,
(c)A obtains B’s agreement by means of an inducement offered or given, a threat made or a deception practised by A for that purpose,
(d)B has a mental disorder, and
(e)A knows or could reasonably be expected to know that B has a mental disorder.
(2) A person guilty of an offence under this Article, if the touching involved—
(a)penetration of B’s anus or vagina with a part of A’s body or anything else,
(b)penetration of B’s mouth with A’s penis,
(c)penetration of A’s anus or vagina with a part of B’s body, or
(d)penetration of A’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for life.
(3) Unless paragraph (2) applies, a person guilty of an offence under this Article is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.
48.—(1) A person (A) commits an offence if—
(a)by means of an inducement offered or given, a threat made or a deception practised by him for this purpose, he intentionally causes another person (B) to engage in, or to agree to engage in, an activity,
(b)the activity is sexual,
(c)B has a mental disorder, and
(d)A knows or could reasonably be expected to know that B has a mental disorder.
(2) A person guilty of an offence under this Article, if the activity caused or agreed to involved—
(a)penetration of B’s anus or vagina,
(b)penetration of B’s mouth with a person’s penis,
(c)penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
(d)penetration of a person’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for life.
(3) Unless paragraph (2) applies, a person guilty of an offence under this Article is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.
49.—(1) A person (A) commits an offence if—
(a)he intentionally engages in an activity,
(b)the activity is sexual,
(c)for the purpose of obtaining sexual gratification, he engages in it—
(i)when another person (B) is present or is in a place from which A can be observed, and
(ii)knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,
(d)B agrees to be present or in the place referred to in sub-paragraph (c)(i) because of an inducement offered or given, a threat made or a deception practised by A for the purpose of obtaining that agreement,
(e)B has a mental disorder, and
(f)A knows or could reasonably be expected to know that B has a mental disorder.
(2) A person guilty of an offence under this Article is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.
50.—(1) A person (A) commits an offence if—
(a)for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,
(b)the activity is sexual,
(c)B agrees to watch or look because of an inducement offered or given, a threat made or a deception practised by A for the purpose of obtaining that agreement,
(d)B has a mental disorder, and
(e)A knows or could reasonably be expected to know that B has a mental disorder.
(2) A person guilty of an offence under this Article is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.
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Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
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