Part 1Sexual Offences
Child sex offences
11Engaging in sexual activity in the presence of a child
1
A person aged 18 or over (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, and
d
either—
i
B is under 16 and A does not reasonably believe that B is 16 or over, or
ii
B is under 13.
2
A person guilty of an offence under this section 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.