PART 6MISCELLANEOUS SEXUAL OFFENCES

Preparatory offences

Administering a substance with intent65

1

A person commits an offence if he intentionally administers a substance to, or causes a substance to be taken by, another person (B)—

a

knowing that B does not consent, and

b

with the intention of stupefying or overpowering B, so as to enable any person to engage in a sexual activity that involves B.

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.

Committing an offence with intent to commit a sexual offence66

1

A person commits an offence under this Article if he commits any offence with the intention of committing a relevant sexual offence.

2

In this Article “relevant sexual offence” means any offence under—

a

this Order, F1...

F1b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

including an offence of aiding, abetting, counselling or procuring such an offence.

3

A person guilty of an offence under this Article—

a

where the offence is committed by kidnapping or false imprisonment, or

b

where—

i

the offence is committed by assault, and

ii

the intended relevant sexual offence is an offence under Article 5 or 6,

is liable on conviction on indictment, to imprisonment for life.

4

Unless paragraph (3) 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 10 years.

Trespass with intent to commit a sexual offence67

1

A person commits an offence if—

a

he is a trespasser on any premises,

b

he intends to commit a relevant sexual offence on the premises, and

c

he knows that, or is reckless as to whether, he is a trespasser.

2

In this Article—

  • premises” includes a structure or part of a structure;

  • relevant sexual offence” has the same meaning as in Article 66;

  • structure” includes a tent, vehicle or vessel or other temporary or movable structure.

3

A person guilty of an offence under this Article is liable on conviction on indictment, where the intended relevant sexual offence is an offence under Article 5 or 6, to imprisonment for a term not exceeding 14 years.

4

Unless paragraph (3) 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 10 years.