Part 1Sexual Offences
Familial child sex offences
26Inciting a child family member to engage in sexual activity
1
A person (A) commits an offence if—
a
he intentionally incites another person (B) to touch, or allow himself to be touched by, A,
b
the touching is sexual,
c
the relation of A to B is within section 27,
d
A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and
e
either—
i
B is under 18 and A does not reasonably believe that B is 18 or over, or
ii
B is under 13.
2
Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
3
Where in proceedings for an offence under this section it is proved that the relation of the defendant to the other person was of a description falling within section 27, it is to be taken that the defendant knew or could reasonably have been expected to know that his relation to the other person was of that description unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that it was.
4
A person guilty of an offence under this section, if he was aged 18 or over at the time of the offence, is liable—
a
where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years;
b
in any other case—
i
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
ii
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
5
Unless subsection (4) applies, 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 5 years.
6
This subsection applies where the touching to which the incitement related 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.