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Sexual Offences (Scotland) Act 2009
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5Coercing a person into being present during a sexual activityS
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(1)If a person (“A”)—
(a)without another person (“B”) consenting, and
(b)without any reasonable belief that B consents,
either intentionally engages in a sexual activity and for a purpose mentioned in subsection (2) does so in the presence of B or intentionally and for a purpose mentioned in that subsection 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 coercing a person into being 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 in that subsection—
(a)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)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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