Part 5Sexual offences and offenders

Chapter 4Other provision about sexual offences

Other sexual offences

115Sexual activity with a corpse

(1)

In the Sexual Offences Act 2003 for section 70 substitute—

“70Sexual activity with a corpse

(1)

A person commits an offence if—

(a)

the person intentionally performs an act of touching (with a part of their body or anything else),

(b)

what is touched is a part of the body of a dead person,

(c)

the person knows that, or is reckless as to whether, that is what is touched, and

(d)

the touching is sexual.

(2)

A person who commits an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b)

on conviction on indictment, to imprisonment for a term not exceeding—

(i)

if the touching involved penetration of a part of the body mentioned in subsection (1)(b), 7 years;

(ii)

otherwise, 5 years.”

(2)

In consequence of the amendment made by subsection (1), in the following provisions for “sexual penetration of” substitute “sexual activity with”—

  • paragraph 152 of Schedule 15 to the Criminal Justice Act 2003;

  • paragraphs 35 and 92 of Schedule 3 to the Sexual Offences Act 2003;

  • paragraph 33 of Schedule 4 to the Modern Slavery Act 2015;

  • paragraph 38(ba) of Schedule 18 to the Sentencing Code.