Part 1Sexual Offences

Preparatory offences

61Administering 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.

62Committing 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.

63Trespass 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.