Law

Sexual Offences Act 2003

United Kingdom · statute

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In force since 2026-09-29, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 255 provisions
  1. Title and introductory text
  2. 1 Rape
  3. 2 Assault by penetration
  4. 3 Sexual assault
  5. 4 Causing a person to engage in sexual activity without consent
  6. 5 Rape of a child under 13
  7. 6 Assault of a child under 13 by penetration
  8. 7 Sexual assault of a child under 13
  9. 8 Causing or inciting a child under 13 to engage in sexual activity
  10. 9 Sexual activity with a child
  11. 10 Causing or inciting a child to engage in sexual activity
  12. 11 Engaging in sexual activity in the presence of a child
  13. 12 Causing a child to watch a sexual act
  14. 13 Child sex offences committed by children or young persons
  15. 14 Arranging or facilitating commission of a child sex offence
  16. 15 Meeting a child following sexual grooming etc.
  17. 15A Sexual communication with a child
  18. 16 Abuse of position of trust: sexual activity with a child
  19. 17 Abuse of position of trust: causing or inciting a child to engage in sexual activity
  20. 18 Abuse of position of trust: sexual activity in the presence of a child
  21. 19 Abuse of position of trust: causing a child to watch a sexual act
  22. 20 Abuse of position of trust: acts done in Scotland
  23. 21 Positions of trust
  24. 22 Positions of trust: interpretation
  25. 22A Further positions of trust
  26. 23 Sections 16 to 19: exception for spouses and civil partners
  27. 24 Sections 16 to 19: sexual relationships which pre-date position of trust
  28. 25 Sexual activity with a child family member
  29. 26 Inciting a child family member to engage in sexual activity
  30. 27 Family relationships
  31. 28 Sections 25 and 26: exception for spouses and civil partners
  32. 29 Sections 25 and 26: sexual relationships which pre-date family relationships
  33. 30 Sexual activity with a person with a mental disorder impeding choice
  34. 31 Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity
  35. 32 Engaging in sexual activity in the presence of a person with a mental disorder impeding choice
  36. 33 Causing a person, with a mental disorder impeding choice, to watch a sexual act
  37. 34 Inducement, threat or deception to procure sexual activity with a person with a mental disorder
  38. 35 Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception
  39. 36 Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder
  40. 37 Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception
  41. 38 Care workers: sexual activity with a person with a mental disorder
  42. 39 Care workers: causing or inciting sexual activity
  43. 40 Care workers: sexual activity in the presence of a person with a mental disorder
  44. 41 Care workers: causing a person with a mental disorder to watch a sexual act
  45. 42 Care workers: interpretation
  46. 43 Sections 38 to 41: exception for spouses and civil partners
  47. 44 Sections 38 to 41: sexual relationships which pre-date care relationships
  48. 45 Indecent photographs of persons aged 16 or 17
  49. 46 Criminal proceedings, investigations etc.
  50. 47 Paying for sexual services of a child
  51. 48 Causing or inciting sexual exploitation of a child
  52. 49 Controlling a child in relation to sexual exploitation
  53. 50 Arranging or facilitating sexual exploitation of a child
  54. 51 Sections 48 to 50: interpretation
  55. 51A Soliciting
  56. 52 Causing or inciting prostitution for gain
  57. 53 Controlling prostitution for gain
  58. 53A Paying for sexual services of a prostitute subjected to force etc.
  59. 54 Sections 51A to 53A: interpretation
  60. 55 Penalties for keeping a brothel used for prostitution
  61. 56 Extension of gender-specific prostitution offences
  62. 57 Trafficking into the UK for sexual exploitation
  63. 58 Trafficking within the UK for sexual exploitation
  64. 58A Trafficking outside the UK for sexual exploitation
  65. 59 Trafficking out of the UK for sexual exploitation
  66. 59A Trafficking people for sexual exploitation
  67. 60 Sections 57 to 59: interpretation and jurisdiction Section 59A: interpretation
  68. 60A Forfeiture of land vehicle, ship or aircraft
  69. 60B Detention of land vehicle, ship or aircraft
  70. 60C Sections 60A and 60B: interpretation
  71. 61 Administering a substance with intent
  72. 62 Committing an offence with intent to commit a sexual offence
  73. 63 Trespass with intent to commit a sexual offence
  74. 64 Sex with an adult relative: penetration
  75. 65 Sex with an adult relative: consenting to penetration
  76. 66 Exposure
  77. 66A Sending etc photograph or film of genitals
  78. 66B Sharing or threatening to share intimate photograph or film
  79. 66C Sharing or threatening to share intimate photograph or film: exemptions
  80. 66D Sharing or threatening to share intimate photograph or film: interpretation
  81. 66E Creating purported intimate image of adult
  82. 66F Requesting the creation of purported intimate image of adult
  83. 66G Creating, or requesting the creation of, purported intimate image of adult: further definitions etc
  84. 66H Creating, or requesting the creation of, purported intimate image of adult: time limit for prosecution
  85. 66I Making or supplying purported intimate image generators
  86. 66J Section 66I: further defences
  87. 66K Section 66I: application to internet service providers
  88. 66L Liability for offence under section 66I committed by bodies
  89. 67 Voyeurism
  90. 67A Voyeurism: additional offences
  91. 68 Voyeurism: interpretation
  92. 69 Sexual activity with an animal
  93. 70 Sexual activity with a corpse
  94. 71 Sexual activity in a public lavatory
  95. 72 Offences outside the United Kingdom
  96. 73 Exceptions to aiding, abetting and counselling
  97. 74 “Consent”
  98. 75 Evidential presumptions about consent
  99. 76 Conclusive presumptions about consent
  100. 77 Sections 75 and 76: relevant acts
  101. 78 “Sexual”
  102. 79 Part 1: general interpretation
  103. 80 Persons becoming subject to notification requirements
  104. 81 Persons formerly subject to Part 1 of the Sex Offenders Act 1997
  105. 82 The notification period
  106. 83 Notification requirements: initial notification
  107. 84 Notification requirements: changes
  108. 85 Notification requirements: periodic notification
  109. 85A Notification requirements: absence from notified residence
  110. 86 Notification requirements: travel outside the United Kingdom
  111. 87 Method of notification and related matters
  112. 88 Section 87: interpretation
  113. 88A Review of indefinite notification requirements: applicable persons
  114. 88B Review of indefinite notification requirements: date of discharge and further date of discharge
  115. 88C Review of the indefinite notification requirements: procedure and grounds
  116. 88D Review of indefinite notification requirement: transitional cases
  117. 88E Review of indefinite notification requirements: further review
  118. 88F Review of the indefinite notification requirements: application to a sheriff
  119. 88G Review of indefinite notification requirements: appeals
  120. 88H Review of indefinite notification requirements: power to amend periods
  121. 88I Discharge from indefinite notification requirements: England, Wales and Northern Ireland
  122. 89 Young offenders: parental directions
  123. 90 Parental directions: variations, renewals and discharges
  124. 91 Offences relating to notification
  125. 91A Review of indefinite notification requirements: qualifying relevant offender
  126. 91B Review of indefinite notification requirements: application for review and qualifying dates
  127. 91C Review of indefinite notification requirements: determination of application for review
  128. 91D Review of indefinite notification requirements: factors applying to determination under section 91C
  129. 91E Review of indefinite notification requirements: appeals
  130. 91F Review of indefinite notification requirements: guidance
  131. 92 Certificates for purposes of Part 2
  132. 93 Abolished homosexual offencesActs which are no longer offences
  133. 94 Part 2: supply of information to Secretary of State etc. for verification
  134. 95 Part 2: supply of information by Secretary of State etc.
  135. 96 Information about release or transfer
  136. 96A Offences committed in a country outside the United Kingdom
  137. 96AA Convictions, etc. in a country which is not a member of the Council of Europe
  138. 96ZA Offences outside the United Kingdom: notification requirements
  139. 96ZB Young offenders: parental notices
  140. 96ZC Modifications of notification requirements
  141. 96ZD Appeal against the issue of a notice under section 96ZA or 96ZB
  142. 96A Police powers of entry to and examination of relevant offender's home address
  143. 96B Power of entry and search of relevant offender's home address
  144. 97 Notification orders: applications and grounds
  145. 98 Notification orders: effect
  146. 99 Sections 97 and 98: relevant offences
  147. 100 Interim notification orders
  148. 101 Notification orders and interim notification orders: appeals
  149. 102 Appeals in relation to notification orders and interim notification orders: Scotland
  150. 103 Sections 97 to 100: Scotland
  151. 103A Sexual harm prevention orders: applications and grounds
  152. 103B Section 103A: supplemental
  153. 103C SHPOs: effect
  154. 103CA SHPOs: requirements included in order etc.
  155. 103D SHPOs: prohibitions on foreign travel
  156. 103E SHPOs: variations, renewals and discharges
  157. 103F Interim SHPOs
  158. 103G SHPOs and interim SHPOs: notification requirements
  159. 103H SHPOs and interim SHPOs: appeals
  160. 103I Offence: breach of SHPO or interim SHPO etc
  161. 103J SHPOs and interim SHPOs: guidance
  162. 103K SHPOs and interim SHPOs: supplementary
  163. 104 Sexual offences prevention orders: applications and grounds
  164. 105 SOPOs: further provision as respects Scotland
  165. 106 Section 104: supplemental
  166. 107 SOPOs: effect
  167. 108 SOPOs: variations, renewals and discharges
  168. 109 Interim SOPOs
  169. 110 Appeals in relation to SOPOs and interim SOPOs: Northern Ireland
  170. 111 Appeals in relation to SOPOs and interim SOPOs: Scotland
  171. 111A SOPO and interim SOPO requirements: Scotland
  172. 112 Sections 104 and 106 to 109: Scotland
  173. 113 Offence: breach of SOPO or interim SOPO etc
  174. 114 Foreign travel orders: applications and grounds
  175. 115 Section 114: interpretation
  176. 116 Section 114: qualifying offenders
  177. 117 Foreign travel orders: effect
  178. 117A Surrender of passports: Northern Ireland
  179. 117B Surrender of passports: Scotland
  180. 118 Foreign travel orders: variations, renewals and discharges
  181. 119 Appeals in relation to foreign travel orders: Northern Ireland
  182. 120 Appeals in relation to foreign travel orders: Scotland
  183. 121 Sections 114 to 118: Scotland
  184. 122 Offence: breach of foreign travel order etc
  185. 122A Sexual risk orders: applications, grounds and effect
  186. 122B Section 122A: interpretation
  187. 122BA Sexual risk orders: requirements included in order etc.
  188. 122C Sexual risk orders: prohibitions on foreign travel
  189. 122D Sexual risk order: variations, renewals and discharges
  190. 122E Interim sexual risk orders
  191. 122F Sexual risk orders and interim sexual risk orders: notification requirements
  192. 122G Sexual risk orders and interim sexual risk orders: appeals
  193. 122H Offence: breach of sexual risk order or interim sexual risk order etc
  194. 122I Effect of conviction etc of an offence under section 122H etc
  195. 122J Sexual risk orders and interim sexual risk orders: guidance
  196. 122K Sexual risk orders and interim sexual risk orders: supplementary
  197. 123 Risk of sexual harm orders: applications, grounds and effect
  198. 124 Section 123: interpretation
  199. 125 RSHOs: variations, renewals and discharges
  200. 126 Interim RSHOs
  201. 127 RSHOs and interim RSHOs: appeals
  202. 128 Offence: breach of RSHO or interim RSHO etc
  203. 129 Effect of conviction etc. of an offence under section 128 etc
  204. 130 Power to amend Schedules 3 and 5
  205. 131 Young offenders: application
  206. 132 Offences with thresholds
  207. 132A Disapplication of time limit for complaints
  208. 133 Part 2: general interpretation
  209. 134 Conditional discharges and probation orders
  210. 135 Interpretation: mentally disordered offenders
  211. 136 Part 2: Northern Ireland
  212. 136ZA Application of orders throughout the United Kingdom
  213. 136ZB Order ceases to have effect when new order made
  214. 136ZC Variation , renewal or discharge of sexual harm prevention order by court in Northern Ireland
  215. 136ZD Variation , renewal or discharge of sexual risk order by court in Northern Ireland
  216. 136ZE Variation, renewal or discharge of sexual harm prevention order etc by court in Scotland
  217. 136ZF Variation, renewal or discharge of sexual risk order etc by court in Scotland
  218. 136ZG Variation, renewal or discharge of sexual harm prevention order made in Scotland by court in England and Wales
  219. 136ZH Variation, renewal or discharge of sexual offences prevention order or foreign travel order by court in England and Wales
  220. 136ZI Variation, renewal or discharge of sexual risk order made in Scotland by court in England and Wales
  221. 136ZJ Variation, renewal or discharge of risk of sexual harm order by court in England and Wales
  222. 136A Meaning of specified prostitution offence etc.
  223. 136B Power to authorise issue of closure notice: prostitution or pornography offences
  224. 136BA Power to authorise issue of closure notice: child sex offences in England and Wales
  225. 136C Contents and service of closure notice
  226. 136D Power to make a closure order
  227. 136E Making of closure orders: supplementary provision
  228. 136F Closure order: enforcement
  229. 136G Closure of premises: offences
  230. 136H Applications for extension of closure order
  231. 136I Orders extending closure orders
  232. 136J Discharge of closure order
  233. 136K Appeals
  234. 136L Access to other premises
  235. 136M Reimbursement of costs
  236. 136N Exemption from liability for certain damages
  237. 136O Compensation
  238. 136P Guidance
  239. 136Q Issue of closure notices by persons other than police officers
  240. 136R Interpretation
  241. 137 Service courts
  242. 138 Orders and regulations
  243. 139 Minor and consequential amendments
  244. 140 Repeals and revocations
  245. 141 Commencement
  246. 142 Extent, saving etc.
  247. 143 Short title
  248. SCHEDULE 1 Extension of gender-specific prostitution offences
  249. SCHEDULE 2 Sexual offences to which section 72(1) to (3) applies
  250. SCHEDULE 3 Sexual offences for purposes of Part 2
  251. SCHEDULE 3A Review of indefinite notification requirements
  252. SCHEDULE 4 Procedure for ending notification requirements for abolished homosexual offencesProcedure for ending notification requirements for acts which are no longer offences
  253. SCHEDULE 5 Other offences for purposes of Part 2
  254. SCHEDULE 6 Minor and consequential amendments
  255. SCHEDULE 7 Repeals and revocations

Proposed changes to this act

No one has proposed a change to this act yet.

255 provisions

38 Care workers: sexual activity with a person with a mental disorder

(1) A person (A) commits an offence if— (a) he intentionally touches another person (B), (b) the touching is sexual, (c) B has a mental disorder, (d) A knows or could reasonably be expected to know that B has a mental disorder, and (e) A is involved in B’s care in a way that falls within section 42. (2) Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it. (3) A person guilty of an offence under this section, if the touching involved— (a) penetration of B’s anus or vagina with a part of A’s body or anything else, (b) penetration of B’s mouth with A’s penis, (c) penetration of A’s anus or vagina with a part of B’s body, or (d) penetration of A’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years. (4) Unless subsection (3) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Propose a change

39 Care workers: causing or inciting sexual activity

(1) A person (A) commits an offence if— (a) he intentionally causes or incites another person (B) to engage in an activity, (b) the activity is sexual, (c) B has a mental disorder, (d) A knows or could reasonably be expected to know that B has a mental disorder, and (e) A is involved in B’s care in a way that falls within section 42. (2) Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it. (3) A person guilty of an offence under this section, if the activity caused or incited involved— (a) penetration of B’s anus or vagina, (b) penetration of B’s mouth with a person’s penis, (c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or (d) penetration of a person’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years. (4) Unless subsection (3) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Propose a change

40 Care workers: sexual activity in the presence of a person with a mental disorder

(1) A person (A) commits an offence if— (a) he intentionally engages in an activity, (b) the activity is sexual, (c) for the purpose of obtaining sexual gratification, he engages in it— (i) when another person (B) is present or is in a place from which A can be observed, and (ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, (d) B has a mental disorder, (e) A knows or could reasonably be expected to know that B has a mental disorder, and (f) A is involved in B’s care in a way that falls within section 42. (2) Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it. (3) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.

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41 Care workers: causing a person with a mental disorder to watch a sexual act

(1) A person (A) commits an offence if— (a) for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity, (b) the activity is sexual, (c) B has a mental disorder, (d) A knows or could reasonably be expected to know that B has a mental disorder, and (e) A is involved in B’s care in a way that falls within section 42. (2) Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it. (3) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.

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42 Care workers: interpretation

(1) For the purposes of sections 38 to 41, a person (A) is involved in the care of another person (B) in a way that falls within this section if any of subsections (2) to (4) applies. (2) This subsection applies if— (a) B is accommodated and cared for in a care home, community home, voluntary home , children’s home, or premises in Wales at which a secure accommodation service is provided, and (b) A has functions to perform ... in the course of employment in the home or the premises which have brought him or are likely to bring him into regular face to face contact with B. (3) This subsection applies if B is a patient for whom services are provided— (a) by a National Health Service body or an independent medical agency; (b) in an independent hospital; or (c) in Wales, in an independent clinic, and A has functions to perform for the body or agency or in the hospital or clinic in the course of employment which have brought A or are likely to bring A into regular face to face contact with B. (4) This subsection applies if A— (a) is, whether or not in the course of employment, a provider of care, assistance or services to B in connection with B’s mental disorder, and (b) as such, has had or is likely to have regular face to face contact with B. (5) In this section— “care home” means— an establishment in England which is a care home for the purposes of the Care Standards Act 2000 (c. 14); and a place in Wales at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged 18 or over; “children’s home”— has the meaning given by section 1 of the Care Standards Act 2000 in relation to a children’s home in England, and means a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons under the age of 18; “community home” has the meaning given by section 53 of the Children Act 1989 (c. 41); “employment” means any employment, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract; “independent clinic” has the meaning given by section 2 of the Care Standards Act 2000; “independent hospital”— in England, means— a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; or any other establishment in which any of the services listed in section 22(6) are provided and which is not a health service hospital as so defined; and in Wales, has the meaning given by section 2 of the Care Standards Act 2000; “independent medical agency” means an undertaking (not being an independent hospital, or in Wales an independent clinic) which consists of or includes the provision of services by medical practitioners; “National Health Service body” means— a Local Health Board, a National Health Service trust, the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006, a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B, or 13 of Schedule 1 to, the National Health Service Act 2006, ... a Special Health Authority; “secure accommodation service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016; “voluntary home” has the meaning given by section 60(3) of the Children Act 1989. (6) In subsection (5), in the definition of “independent medical agency”, “undertaking” includes any business or profession and— (a) in relation to a public or local authority, includes the exercise of any functions of that authority; and (b) in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.

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43 Sections 38 to 41: exception for spouses and civil partners

(1) Conduct by a person (A) which would otherwise be an offence under any of sections 38 to 41 against another person (B) is not an offence under that section if at the time— (a) B is 16 or over, and (b) A and B are lawfully married or civil partners of each other. (2) In proceedings for such an offence it is for the defendant to prove that A and B were at the time lawfully married or civil partners of each other.

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44 Sections 38 to 41: sexual relationships which pre-date care relationships

(1) Conduct by a person (A) which would otherwise be an offence under any of sections 38 to 41 against another person (B) is not an offence under that section if, immediately before A became involved in B’s care in a way that falls within section 42, a sexual relationship existed between A and B. (2) Subsection (1) does not apply if at that time sexual intercourse between A and B would have been unlawful. (3) In proceedings for an offence under any of sections 38 to 41 it is for the defendant to prove that such a relationship existed at that time.

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45 Indecent photographs of persons aged 16 or 17

(1) The Protection of Children Act 1978 (c. 37) (which makes provision about indecent photographs of persons under 16) is amended as follows. (2) In section 2(3) (evidence) and section 7(6) (meaning of “child”), for “16” substitute “ 18 ”. (3) After section 1 insert— Marriage and other relationships 1A (1) This section applies where, in proceedings for an offence under section 1(1)(a) of taking or making an indecent photograph of a child, or for an offence under section 1(1)(b) or (c) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he— (a) were married, or (b) lived together as partners in an enduring family relationship. (2) Subsections (5) and (6) also apply where, in proceedings for an offence under section 1(1)(b) or (c) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he— (a) were married, or (b) lived together as partners in an enduring family relationship. (3) This section applies whether the photograph showed the child alone or with the defendant, but not if it showed any other person. (4) In the case of an offence under section 1(1)(a), if sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph being taken or made, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented. (5) In the case of an offence under section 1(1)(b), the defendant is not guilty of the offence unless it is proved that the showing or distributing was to a person other than the child. (6) In the case of an offence under section 1(1)(c), if sufficient evidence is adduced to raise an issue both— (a) as to whether the child consented to the photograph being in the defendant’s possession, or as to whether the defendant reasonably believed that the child so consented, and (b) as to whether the defendant had the photograph in his possession with a view to its being distributed or shown to anyone other than the child, the defendant is not guilty of the offence unless it is proved either that the child did not so consent and that the defendant did not reasonably believe that the child so consented, or that the defendant had the photograph in his possession with a view to its being distributed or shown to a person other than the child. (4) After section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of child) insert— Marriage and other relationships 160A (1) This section applies where, in proceedings for an offence under section 160 relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he— (a) were married, or (b) lived together as partners in an enduring family relationship. (2) This section also applies where, in proceedings for an offence under section 160 relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he— (a) were married, or (b) lived together as partners in an enduring family relationship. (3) This section applies whether the photograph showed the child alone or with the defendant, but not if it showed any other person. (4) If sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph being in the defendant’s possession, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.

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46 Criminal proceedings, investigations etc.

(1) After section 1A of the Protection of Children Act 1978 (c. 37) insert— Exception for criminal proceedings, investigations etc. 1B (1) In proceedings for an offence under section 1(1)(a) of making an indecent photograph or pseudo-photograph of a child, the defendant is not guilty of the offence if he proves that— (a) it was necessary for him to make the photograph or pseudo-photograph for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world, (b) at the time of the offence charged he was a member of the Security Service, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of the Service, or (c) at the time of the offence charged he was a member of GCHQ, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of GCHQ. (2) In this section “GCHQ” has the same meaning as in the Intelligence Services Act 1994. (2) After Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) insert— Exception for criminal proceedings, investigations etc. 3A (1) In proceedings for an offence under Article 3(1)(a) of making an indecent photograph or pseudo-photograph of a child, the defendant is not guilty of the offence if he proves that— (a) it was necessary for him to make the photograph or pseudo-photograph for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world, (b) at the time of the offence charged he was a member of the Security Service, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of the Service, or (c) at the time of the offence charged he was a member of GCHQ, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of GCHQ. (2) In this Article “GCHQ” has the same meaning as in the Intelligence Services Act 1994.

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47 Paying for sexual services of a child

(1) A person (A) commits an offence if— (a) he intentionally obtains for himself the sexual services of another person (B), (b) before obtaining those services, he has made or promised payment for those services to B or a third person, or knows that another person has made or promised such a payment, and (c) either— (i) B is under 18, and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) In this section, “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount. (3) A person guilty of an offence under this section against a person under 13, where subsection (6) applies, is liable on conviction on indictment to imprisonment for life. (4) Unless subsection (3) applies, a person guilty of an offence under this section against a person under 16 is liable— (a) where subsection (6) applies, on conviction on indictment, to imprisonment for a term not exceeding 14 years; (b) in any other case— (i) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (ii) on conviction on indictment, to imprisonment for a term not exceeding 14 years. (5) Unless subsection (3) or (4) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 7 years. (6) This subsection applies where the offence involved— (a) penetration of B’s anus or vagina with a part of A’s body or anything else, (b) penetration of B’s mouth with A’s penis, (c) penetration of A’s anus or vagina with a part of B’s body or by B with anything else, or (d) penetration of A’s mouth with B’s penis. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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48 Causing or inciting sexual exploitation of a child

(1) A person (A) commits an offence if— (a) he intentionally causes or incites another person (B) to be sexually exploited in any part of the world, and (b) either— (i) B is under 18, and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

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49 Controlling a child in relation to sexual exploitation

(1) A person (A) commits an offence if— (a) he intentionally controls any of the activities of another person (B) relating to B’s sexual exploitation in any part of the world, and (b) either— (i) B is under 18, and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

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50 Arranging or facilitating sexual exploitation of a child

(1) A person (A) commits an offence if— (a) he intentionally arranges or facilitates the sexual exploitation in any part of the world of another person (B), and (b) either— (i) B is under 18, and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

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51 Sections 48 to 50: interpretation

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) For the purposes of sections 48 to 50, a person (B) is sexually exploited if— (a) on at least one occasion and whether or not compelled to do so, B offers or provides sexual services to another person in return for payment or a promise of payment to B or a third person, or (b) an indecent image of B is recorded or streamed or otherwise transmitted ; and “sexual exploitation” is to be interpreted accordingly. (3) In subsection (2), “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.

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51A Soliciting

(1) It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B's sexual services as a prostitute. (2) The reference to a person in a street or public place includes a person in a vehicle in a street or public place. (3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (4) In this section “street” has the meaning given by section 1(4) of the Street Offences Act 1959.

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52 Causing or inciting prostitution for gain

(1) A person commits an offence if— (a) he intentionally causes or incites another person to become a prostitute in any part of the world, and (b) he does so for or in the expectation of gain for himself or a third person. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.

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53 Controlling prostitution for gain

(1) A person commits an offence if— (a) he intentionally controls any of the activities of another person relating to that person’s prostitution in any part of the world, and (b) he does so for or in the expectation of gain for himself or a third person. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.

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53A Paying for sexual services of a prostitute subjected to force etc.

(1) A person (A) commits an offence if— (a) A makes or promises payment for the sexual services of a prostitute (B), (b) a third person (C) has engaged in exploitative conduct of a kind likely to induce or encourage B to provide the sexual services for which A has made or promised payment, and (c) C engaged in that conduct for or in the expectation of gain for C or another person (apart from A or B). (2) The following are irrelevant— (a) where in the world the sexual services are to be provided and whether those services are provided, (b) whether A is, or ought to be, aware that C has engaged in exploitative conduct. (3) C engages in exploitative conduct if— (a) C uses force, threats (whether or not relating to violence) or any other form of coercion, or (b) C practises any form of deception. (4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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54 Sections 51A to 53A: interpretation

(1) In sections 52, 53 and 53A, “gain” means— (a) any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount; or (b) the goodwill of any person which is or appears likely, in time, to bring financial advantage. (2) In sections 51A, 52, 53 and 53A “prostitute” means a person (A) who, on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or a third person; and “prostitution” is to be interpreted accordingly. (3) In subsection (2) and section 53A, “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.

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55 Penalties for keeping a brothel used for prostitution

(1) The Sexual Offences Act 1956 (c. 69) is amended as follows. (2) After section 33 insert— Keeping a brothel used for prostitution 33A (1) It is an offence for a person to keep, or to manage, or act or assist in the management of, a brothel to which people resort for practices involving prostitution (whether or not also for other practices). (2) In this section “prostitution” has the meaning given by section 51(2) of the Sexual Offences Act 2003. (3) In Schedule 2 (mode of prosecution, punishment etc.), after paragraph 33 insert (as a paragraph with no entry in the fourth column)— 33A | Keeping a brothel used for prostitution (section 33A). | (i) on indictment (ii) summarily | Seven years Six months, or the statutory maximum, or both.

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56 Extension of gender-specific prostitution offences

Schedule 1 (extension of gender-specific prostitution offences) has effect.

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57 Trafficking into the UK for sexual exploitation

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58 Trafficking within the UK for sexual exploitation

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58A Trafficking outside the UK for sexual exploitation

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59 Trafficking out of the UK for sexual exploitation

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59A Trafficking people for sexual exploitation

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60 Sections 57 to 59: interpretation and jurisdiction Section 59A: interpretation

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60A Forfeiture of land vehicle, ship or aircraft

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60B Detention of land vehicle, ship or aircraft

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60C Sections 60A and 60B: interpretation

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61 Administering a substance with intent

(1) A person commits an offence if he intentionally administers a substance to, or causes a substance to be taken by, another person (B)— (a) knowing that B does not consent, and (b) with the intention of stupefying or overpowering B, so as to enable any person to engage in a sexual activity that involves B. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

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62 Committing an offence with intent to commit a sexual offence

(1) A person commits an offence under this section if he commits any offence with the intention of committing a relevant sexual offence. (2) In this section, “relevant sexual offence” means any offence under this Part (including an offence of aiding, abetting, counselling or procuring such an offence). (3) A person guilty of an offence under this section is liable on conviction on indictment, where the offence is committed by kidnapping or false imprisonment, to imprisonment for life. (4) Unless subsection (3) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

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63 Trespass with intent to commit a sexual offence

(1) A person commits an offence if— (a) he is a trespasser on any premises, (b) he intends to commit a relevant sexual offence on the premises, and (c) he knows that, or is reckless as to whether, he is a trespasser. (2) In this section— “premises” includes a structure or part of a structure; “relevant sexual offence” has the same meaning as in section 62; “structure” includes a tent, vehicle or vessel or other temporary or movable structure. (3) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

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64 Sex with an adult relative: penetration

(1) A person aged 16 or over (A) (subject to subsection (3A)) commits an offence if— (a) he intentionally penetrates another person’s vagina or anus with a part of his body or anything else, or penetrates another person’s mouth with his penis, (b) the penetration is sexual, (c) the other person (B) is aged 18 or over, (d) A is related to B in a way mentioned in subsection (2), and (e) A knows or could reasonably be expected to know that he is related to B in that way. (2) The ways that A may be related to B are as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece. (3) In subsection (2)— (za) “parent” includes an adoptive parent; (zb) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002; (a) “uncle” means the brother of a person’s parent, and “aunt” has a corresponding meaning; (b) “nephew” means the child of a person’s brother or sister, and “niece” has a corresponding meaning. (3A) Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over. (4) Where in proceedings for an offence under this section it is proved that the defendant was related to the other person in any of those ways, it is to be taken that the defendant knew or could reasonably have been expected to know that he was related in that way unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that he was. (5) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years. (6) Nothing in— (a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or (b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date), is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.

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65 Sex with an adult relative: consenting to penetration

(1) A person aged 16 or over (A) (subject to subsection (3A)) commits an offence if— (a) another person (B) penetrates A’s vagina or anus with a part of B’s body or anything else, or penetrates A’s mouth with B’s penis, (b) A consents to the penetration, (c) the penetration is sexual, (d) B is aged 18 or over, (e) A is related to B in a way mentioned in subsection (2), and (f) A knows or could reasonably be expected to know that he is related to B in that way. (2) The ways that A may be related to B are as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece. (3) In subsection (2)— (za) “parent” includes an adoptive parent; (zb) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002; (a) “uncle” means the brother of a person’s parent, and “aunt” has a corresponding meaning; (b) “nephew” means the child of a person’s brother or sister, and “niece” has a corresponding meaning. (3A) Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over. (4) Where in proceedings for an offence under this section it is proved that the defendant was related to the other person in any of those ways, it is to be taken that the defendant knew or could reasonably have been expected to know that he was related in that way unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that he was. (5) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years. (6) Nothing in— (a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or (b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date), is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.

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66 Exposure

(1) A person (A) who intentionally exposes A’s genitals commits an offence if— (a) A intends that someone will see the genitals and be caused alarm, distress or humiliation, or (b) A exposes the genitals for the purpose of obtaining sexual gratification and does so— (i) with the intention that someone will see them, and (ii) being reckless as to whether someone who sees them will be caused alarm, distress or humiliation. (1A) But where A intends only that a particular person, or particular persons, will see A’s genitals, A does not commit an offence by virtue of paragraph (b) of subsection (1) unless A is reckless as to whether that person, or at least one of those persons, will be caused alarm, distress or humiliation. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.

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66A Sending etc photograph or film of genitals

(1) A person (A) who intentionally sends or gives a photograph or film of any person’s genitals to another person (B) commits an offence if— (a) A intends that B will see the genitals and be caused alarm, distress or humiliation, or (b) A sends or gives such a photograph or film for the purpose of obtaining sexual gratification and is reckless as to whether B will be caused alarm, distress or humiliation. (2) References to sending or giving such a photograph or film to another person include, in particular— (a) sending it to another person by any means, electronically or otherwise, (b) showing it to another person, and (c) placing it for a particular person to find. (3) “Photograph” includes the negative as well as the positive version. (4) “Film” means a moving image. (5) References to a photograph or film also include— (a) an image, whether made or altered by computer graphics or in any other way, which appears to be a photograph or film, (b) a copy of a photograph, film or image within paragraph (a), and (c) data stored by any means which is capable of conversion into a photograph, film or image within paragraph (a). (6) 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 two years.

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66B Sharing or threatening to share intimate photograph or film

(1) A person (A) commits an offence if— (a) A intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state, (b) B does not consent to the sharing of the photograph or film, and (c) A does not reasonably believe that B consents. (2) A person (A) commits an offence if— (a) A intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state, (b) A does so with the intention of causing B alarm, distress or humiliation, and (c) B does not consent to the sharing of the photograph or film. (3) A person (A) commits an offence if— (a) A intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state, (b) A does so for the purpose of A or another person obtaining sexual gratification, (c) B does not consent to the sharing of the photograph or film, and (d) A does not reasonably believe that B consents. (4) A person (A) commits an offence if— (a) A threatens to share a photograph or film which shows, or appears to show, another person (B) in an intimate state, and (b) A does so— (i) with the intention that B or another person who knows B will fear that the threat will be carried out, or (ii) being reckless as to whether B or another person who knows B will fear that the threat will be carried out. (5) Subsections (1) to (4) are subject to section 66C (exemptions). (6) For the purposes of subsections (1) to (3) and section 66C(3)(b)— (a) “consent” to the sharing of a photograph or film includes general consent covering the particular act of sharing as well as specific consent to the particular act of sharing, and (b) whether a belief is reasonable is to be determined having regard to all the circumstances including any steps A has taken to ascertain whether B consents. (7) Where a person is charged with an offence under subsection (4), it is not necessary for the prosecution to prove— (a) that the photograph or film mentioned in the threat exists, or (b) if it does exist, that it is in fact a photograph or film which shows or appears to show a person in an intimate state. (8) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for sharing the photograph or film. (9) A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both). (10) A person who commits an offence under subsection (2), (3) or (4) 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 2 years. (11) In subsection (9) “the maximum term for summary offences” means— (a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months; (b) if the offence is committed after that time, 51 weeks. (12) If on the trial of a person charged with an offence under subsection (2) or (3) a magistrates’ court or jury finds the person not guilty of the offence charged, the magistrates’ court or jury may find the person guilty of an offence under subsection (1). (13) The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (12) convicted before it of an offence under subsection (1) as a magistrates’ court would have on convicting the person of the offence.

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66C Sharing or threatening to share intimate photograph or film: exemptions

(1) A person (A) who shares a photograph or film which shows, or appears to show, another person (B) in an intimate state does not commit an offence under section 66B(1), (2) or (3) if— (a) the photograph or film was taken in a place to which the public or a section of the public had or were permitted to have access (whether on payment or otherwise), (b) B had no reasonable expectation of privacy from the photograph or film being taken, and (c) B was, or A reasonably believes that B was, in the intimate state voluntarily. (2) For the purposes of subsection (1)(b), whether a person had a reasonable expectation of privacy from a photograph or film being taken is to be determined by reference to the circumstances that the person sharing the photograph or film reasonably believes to have existed at the time the photograph or film was taken. (3) A person (A) who shares a photograph or film which shows, or appears to show, another person (B) in an intimate state does not commit an offence under section 66B(1), (2) or (3) if— (a) the photograph or film had, or A reasonably believes that the photograph or film had, been previously publicly shared, and (b) B had, or A reasonably believes that B had, consented to the previous sharing. (4) A person (A) who shares a photograph or film which shows, or appears to show, another person (B) in an intimate state does not commit an offence under section 66B(1) if— (a) B is a person under 16, (b) B lacks, or A reasonably believes that B lacks, capacity to consent to the sharing of the photograph or film, and (c) the photograph or film is shared— (i) with a healthcare professional acting in that capacity, or (ii) otherwise in connection with the care or treatment of B by a healthcare professional. (5) A person who shares a photograph or film which shows, or appears to show, a child in an intimate state does not commit an offence under section 66B(1) if the photograph or film is of a kind ordinarily shared between family and friends. (6) A person who threatens to share a photograph or film which shows, or appears to show, another person in an intimate state does not commit an offence under section 66B(4) if, by reason of this section, the person would not commit an offence under section 66B(1), (2) or (3) by sharing the photograph or film in the circumstances conveyed by the threat.

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66D Sharing or threatening to share intimate photograph or film: interpretation

(1) This section applies for the purposes of sections 66B and 66C. (2) A person “shares” something if the person, by any means, gives or shows it to another person or makes it available to another person. (3) But a provider of an internet service by means of which a photograph or film is shared is not to be regarded as a person who shares it. (4) “Photograph” and “film” have the same meaning as in section 66A (see subsections (3) to (5) of that section). (5) Except where a photograph or film falls within subsection (8), a photograph or film shows, or appears to show, another person in an intimate state if it shows or appears to show— (a) the person participating or engaging in an act which a reasonable person would consider to be a sexual act, (b) the person doing a thing which a reasonable person would consider to be sexual, (c) all or part of the person’s exposed genitals, buttocks or breasts, (d) the person in an act of urination or defecation, or (e) the person carrying out an act of personal care associated with the person’s urination, defecation or genital or anal discharge. (6) For the purposes of subsection (5)(c) the reference to all or part of a person’s “exposed” genitals, buttocks or breasts includes— (a) a reference to all or part of the person’s genitals, buttocks or breasts visible through wet or otherwise transparent clothing, (b) the case where all or part of the person’s genitals, buttocks or breasts would be exposed but for the fact that they are covered only with underwear, and (c) the case where all or part of the person’s genitals, buttocks or breasts would be exposed but for the fact that they are obscured, provided that the area obscured is similar to or smaller than an area that would typically be covered by underwear worn to cover a person’s genitals, buttocks or breasts (as the case may be). (7) In subsection (6)(c) “obscured” means obscured by any means, other than by clothing that a person is wearing, including, in particular, by an object, by part of a person’s body or by digital alteration. (8) A photograph or film falls within this subsection if (so far as it shows or appears to show a person in an intimate state) it shows or appears to show something, other than breastfeeding, that is of a kind ordinarily seen in public. (9) For the purposes of subsection (8) “breastfeeding” includes the rearranging of clothing in the course of preparing to breastfeed or having just finished breastfeeding.

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