Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005

9 Paying for sexual services of a child S

(1) A person (“A”) commits an offence if—

(a) A intentionally obtains for himself or herself the sexual services of another person (“B”);

(b) before obtaining those services, A—

(i) makes or promises payment for those services to B or to a third person; or

(ii) knows that another person has made or promised such a payment; and

(c) either—

(i) B is aged under 18, and A does not reasonably believe that B is aged 18 or over; or

(ii) B is aged under 13.

(2) In subsection (1)(b) above, “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.

(3) For the purposes of subsections (1) and (2) above, “sexual services” are—

(a) the performance of sexual activity; or

(b) the performance of any other activity that a reasonable person would, in all the circumstances, consider to be for the purpose of providing sexual gratification,

and a person's sexual services are obtained where what is obtained is the performance of such an activity by the person.

(4) A person guilty of an offence under this section in respect of a person aged 16 or over 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 7 years [F1 or a fine or both].

(5) A person guilty of an offence under this section in respect of a person aged under 16 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 14 years[F2 or a fine or both].

Textual Amendments

F1 Words in s. 9(4)(b) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 40(2)(a), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 4)

F2 Words in s. 9(5)(b) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 40(2)(a), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 4)

Commencement Information

I1 S. 9 in force at 7.10.2005 by S.S.I. 2005/480, art. 2