PART 2Prevention, investigation and prosecution of crime

CHAPTER 4Other provisions

Sexual offences

I1I446Arranging or facilitating commission of a child sex offence

1

Section 14 of the Sexual Offences Act 2003 (arranging or facilitating commission of a child sex offence) is amended in accordance with subsections (2) and (3).

2

In subsection (1), in paragraph (b), for “9” substitute “5”.

3

In subsection (4), for paragraphs (a) and (b) substitute “to the penalty to which the person would be liable on conviction of the offence within subsection (1)(b)”.

I247Positions of trust

1

The Sexual Offences Act 2003 is amended as follows.

2

After section 22 insert—

22AFurther positions of trust

1

For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if—

a

A coaches, teaches, trains, supervises or instructs B, on a regular basis, in a sport or a religion, and

b

A knows that they coach, teach, train, supervise or instruct B, on a regular basis, in that sport or religion.

2

In subsection (1)—

  • “sport” includes—

    1. a

      any game in which physical skill is the predominant factor, and

    2. b

      any form of physical recreation which is also engaged in for purposes of competition or display;

  • “religion” includes—

    1. a

      a religion which involves belief in more than one god, and

    2. b

      a religion which does not involve belief in a god.

3

This section does not apply where a person (A) is in a position of trust in relation to another person (B) by virtue of circumstances within section 21.

4

The Secretary of State may by regulations amend subsections (1) and (2) to add or remove an activity in which a person may be coached, taught, trained, supervised or instructed.

3

In section 138(2) (orders and regulations) after “section 21,” insert “22A,”.

I3I548Voyeurism: breast-feeding

1

Section 67A of the Sexual Offences Act 2003 (voyeurism: additional offences) is amended as follows.

2

After subsection (2) insert—

2A

A person (A) commits an offence if—

a

A operates equipment,

b

A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection (3), to observe another (B) while B is breast-feeding a child, and

c

A does so—

i

without B’s consent, and

ii

without reasonably believing that B consents.

2B

A person (A) commits an offence if—

a

A records an image of another (B) while B is breast-feeding a child,

b

A does so with the intention that A or another person (C) will look at the image for a purpose mentioned in subsection (3), and

c

A does so—

i

without B’s consent, and

ii

without reasonably believing that B consents.

3

In subsection (3), for “and (2)” substitute “to (2B)”.

4

After subsection (3) insert—

3A

In this section a reference to B breast-feeding a child includes B re-arranging B’s clothing—

a

in the course of preparing to breast-feed the child, or

b

having just finished breast-feeding the child.

3B

It is irrelevant for the purposes of subsections (2A) and (2B)—

a

whether or not B is in a public place while B is breast-feeding the child,

b

whether or not B’s breasts are exposed while B is breast-feeding the child, and

c

what part of B’s body—

i

is, or is intended by A to be, visible in the recorded image, or

ii

is intended by A to be observed.