Sexual Offences Act 2003

Sexual Offences Act 2003

CHAPTER 42

CONTENTS

Part 1
Sexual Offences
Rape
1 Rape
Assault
2 Assault by penetration
3 Sexual assault
Causing sexual activity without consent
4 Causing a person to engage in sexual activity without consent
Rape and other offences against children under 13
5 Rape of a child under 13
6 Assault of a child under 13 by penetration
7 Sexual assault of a child under 13
8 Causing or inciting a child under 13 to engage in sexual activity
Child sex offences
9 Sexual activity with a child
10 Causing or inciting a child to engage in sexual activity
11 Engaging in sexual activity in the presence of a child
12 Causing a child to watch a sexual act
13 Child sex offences committed by children or young persons
14 Arranging or facilitating commission of a child sex offence
15 Meeting a child following sexual grooming etc.
Abuse of position of trust
16 Abuse of position of trust: sexual activity with a child
17 Abuse of position of trust: causing or inciting a child to engage in sexual activity
18 Abuse of position of trust: sexual activity in the presence of a child
19 Abuse of position of trust: causing a child to watch a sexual act
20 Abuse of position of trust: acts done in Scotland
21 Positions of trust
22 Positions of trust: interpretation
23 Sections 16 to 19: marriage exception
24 Sections 16 to 19: sexual relationships which pre-date position of trust
Familial child sex offences
25 Sexual activity with a child family member
26 Inciting a child family member to engage in sexual activity
27 Family relationships
28 Sections 25 and 26: marriage exception
29 Sections 25 and 26: sexual relationships which pre-date family relationships
Offences against persons with a mental disorder impeding choice
30 Sexual activity with a person with a mental disorder impeding choice
31 Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity
32 Engaging in sexual activity in the presence of a person with a mental disorder impeding choice
33 Causing a person, with a mental disorder impeding choice, to watch a sexual act
Inducements etc. to persons with a mental disorder
34 Inducement, threat or deception to procure sexual activity with a person with a mental disorder
35 Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception
36 Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder
37 Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception
Care workers for persons with a mental disorder
38 Care workers: sexual activity with a person with a mental disorder
39 Care workers: causing or inciting sexual activity
40 Care workers: sexual activity in the presence of a person with a mental disorder
41 Care workers: causing a person with a mental disorder to watch a sexual act
42 Care workers: interpretation
43 Sections 38 to 41: marriage exception
44 Sections 38 to 41: sexual relationships which pre-date care relationships
Indecent photographs of children
45 Indecent photographs of persons aged 16 or 17
46 Criminal proceedings, investigations etc.
Abuse of children through prostitution and pornography
47 Paying for sexual services of a child
48 Causing or inciting child prostitution or pornography
49 Controlling a child prostitute or a child involved in pornography
50 Arranging or facilitating child prostitution or pornography
51 Sections 48 to 50: interpretation
Exploitation of prostitution
52 Causing or inciting prostitution for gain
53 Controlling prostitution for gain
54 Sections 52 and 53: interpretation
Amendments relating to prostitution
55 Penalties for keeping a brothel used for prostitution
56 Extension of gender-specific prostitution offences
Trafficking
57 Trafficking into the UK for sexual exploitation
58 Trafficking within the UK for sexual exploitation
59 Trafficking out of the UK for sexual exploitation
60 Sections 57 to 59: interpretation and jurisdiction
Preparatory offences
61 Administering a substance with intent
62 Committing an offence with intent to commit a sexual offence
63 Trespass with intent to commit a sexual offence
Sex with an adult relative
64 Sex with an adult relative: penetration
65 Sex with an adult relative: consenting to penetration
Other offences
66 Exposure
67 Voyeurism
68 Voyeurism: interpretation
69 Intercourse with an animal
70 Sexual penetration of a corpse
71 Sexual activity in a public lavatory
Offences outside the United Kingdom
72 Offences outside the United Kingdom
Supplementary and general
73 Exceptions to aiding, abetting and counselling
74 “Consent”
75 Evidential presumptions about consent
76 Conclusive presumptions about consent
77 Sections 75 and 76: relevant acts
78 “Sexual”
79 Part 1: general interpretation
Part 2
Notification and orders
Notification requirements
80 Persons becoming subject to notification requirements
81 Persons formerly subject to Part 1 of the Sex Offenders Act 1997
82 The notification period
83 Notification requirements: initial notification
84 Notification requirements: changes
85 Notification requirements: periodic notification
86 Notification requirements: travel outside the United Kingdom
87 Method of notification and related matters
88 Section 87: interpretation
89 Young offenders: parental directions
90 Parental directions: variations, renewals and discharges
90 Offences relating to notification
92 Certificates for purposes of Part 2
93 Abolished homosexual offences
Information for verification
94 Part 2: supply of information to Secretary of State etc. for verification
95 Part 2: supply of information by Secretary of State etc.
Information about release or transfer
96 Information about release or transfer
Notification orders
97 Notification orders: applications and grounds
98 Notification orders: effect
99 Sections 97 and 98: relevant offences
100 Interim notification orders
101 Notification orders and interim notification orders: appeals
102 Appeals in relation to notification orders and interim notification orders: Scotland
103 Sections 97 to 100: Scotland
Sexual offences prevention orders
104 Sexual offences prevention orders: applications and grounds
105 SOPOs: further provision as respects Scotland
106 Section 104: supplemental
107 SOPOs: effect
108 SOPOs: variations, renewals and discharges
109 Interim SOPOs
110 SOPOs and interim SOPOs: appeals
111 Appeals in relation to SOPOs and interim SOPOs: Scotland
112 Sections 104 and 106 to 109: Scotland
113 Offence: breach of SOPO or interim SOPO
Foreign travel orders
114 Foreign travel orders: applications and grounds
115 Section 114: interpretation
116 Section 114: qualifying offenders
117 Foreign travel orders: effect
118 Foreign travel orders: variations, renewals and discharges
119 Foreign travel orders: appeals
120 Appeals in relation to foreign travel orders: Scotland
121 Sections 114 to 118: Scotland
122 Offence: breach of foreign travel order
Risk of sexual harm orders
123 Risk of sexual harm orders: applications, grounds and effect
124 Section 123: interpretation
125 RSHOs: variations, renewals and discharges
126 Interim RSHOs
127 RSHOs and interim RSHOs: appeals
128 Offence: breach of RSHO or interim RSHO
129 Effect of conviction etc. of an offence under section 128
Power to amend Schedules 3 and 5
130 Power to amend Schedules 3 and 5
General
131 Young offenders: application
132 Offences with thresholds
133 Part 2: general interpretation
134 Conditional discharges and probation orders
135 Interpretation: mentally disordered offenders
136 Part 2: Northern Ireland
Part 3
General
137 Service courts
138 Orders and regulations
139 Minor and consequential amendments
140 Repeals and revocations
141 Commencement
142 Extent, saving etc.
143 Short title

Schedule 1—Extension of gender-specific prostitution offences
Schedule 2—Sexual offences to which section 72 applies
Schedule 3—Sexual offences for purposes of Part 2
Schedule 4—Procedure for ending notification requirements for abolished homosexual offences
Schedule 5—Other offences for purposes of Part 2
Schedule 6—Minor and consequential amendments
Schedule 7—Repeals and revocations

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