Part 4Children

Young children

22Causing a young child to be present during a sexual activity

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.