Part 5Sexual offences and offenders
Chapter 4Other provision about sexual offences
Other sexual offences
115Sexual activity with a corpse
(1)
“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.