Sexual Offences Act 2003 (c. 42)

Part 1 E+W+N.I. Sexual Offences

Supplementary and general E+W

78 “Sexual” E+W

[F1 For the purposes of this Part ([F2 except sections 15A [F3 , 66B to 66D] and 71 ]), penetration, touching or any other activity is sexual if a reasonable person would consider that—

(a) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or

(b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.]

Textual Amendments

F1 Ss. 78,79 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(f), Sch. 3; S.R. 2008/510, art. 2

F2 Words in s. 78 substituted (3.4.2017) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 63; S.I. 2017/511, reg. 2(b)(i)

F3 Words in s. 78 inserted (31.1.2024) by Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 16(2); S.I. 2024/31, reg. 2