SCHEDULES

SCHEDULE 14Amendments consequential on offences in Part 10 of this Act

PART 3Amendments consequential on offences in sections 187 and 188

I1I216Sexual Offences Act 2003

1

The Sexual Offences Act 2003 is amended as follows.

2

In section 78 (meaning of “sexual”), after “15A” insert “, 66B to 66D”.

3

In section 136A(3A) (specified child sex offences), in paragraph (c), after “66” insert “, 66A, 66B(2) and (3).

4

In Schedule 3 (sexual offences for purposes of Part 2), after paragraph 33 insert—

33A

An offence under section 66A of this Act (sending etc photograph or film of genitals) if—

a

where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

b

in any other case—

i

the victim was under 18, or

ii

the offender, in respect of the offence or finding, is or has been—

a

sentenced to a term of imprisonment,

b

detained in a hospital, or

c

made the subject of a community sentence of at least 12 months.

33B

An offence under section 66B(3) of this Act (sharing intimate photograph or film for purpose of obtaining sexual gratification) if—

a

where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

b

in any other case—

i

the victim was under 18, or

ii

the offender, in respect of the offence or finding, is or has been—

a

sentenced to a term of imprisonment,

b

detained in a hospital, or

c

made the subject of a community sentence of at least 12 months.