4
Sexual Offences Act 2003 (c. 42)
Part 1—Sexual Offences
8 Causing or inciting a child under 13 to engage in sexual activity
(1) A person commits an offence if—
- (a) he intentionally causes or incites another person (B) to engage in an activity,
- (b) the activity is sexual, and
- (c) B is under 13.
(2) 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 life.
(3) Unless subsection (2) 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 to a fine not exceeding the statutory maximum or both;
- (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.
Child sex offences
9 Sexual activity with a child
(1) A person aged 18 or over (A) commits an offence if—
- (a) he intentionally touches another person (B),
- (b) the touching is sexual, and
- (c) either—
- (i) B is under 16 and A does not reasonably believe that B is 16 or over, or
- (ii) B is under 13.
(2) 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.
(3) Unless subsection (2) 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 to a fine not exceeding the statutory maximum or both;
- (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.