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Sexual Offences (Scotland) Act 2009
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22Causing a young child to be present during a sexual activityS
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(1)If a person (“A”) either—
(a)intentionally engages in a sexual activity and for a purpose mentioned in subsection (2) does so in the presence of a child (“B”) who has not attained the age of 13 years, or
(b)intentionally and for a purpose mentioned in subsection (2) causes B to be present while a third person engages in such an activity,
then A commits an offence, to be known as the offence of causing a young child to be present during a sexual activity.
(2)The purposes are—
(a)obtaining sexual gratification,
(b)humiliating, distressing or alarming B.
(3)Without prejudice to the generality of subsection (1), the reference—
(a)in paragraph (a) of that subsection to A engaging in a sexual activity in the presence of B, includes a reference to A engaging in it in a place in which A can be observed by B other than by B looking at an image, and
(b)in paragraph (b) of that subsection to B being present while a third person engages in such an activity, includes a reference to B being in a place from which the third person can be so observed by B.
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