PART 3SEXUAL OFFENCES AGAINST CHILDREN

Sexual offences against children under 16

Engaging in sexual activity in the presence of a child18

1

A person aged 18 or over (A) commits an offence if—

a

he intentionally engages in an activity,

b

the activity is sexual,

c

for the purpose of obtaining sexual gratification, he engages in it—

i

when another person (B) is present or is in a place from which A can be observed, and

ii

knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, and

d

either—

i

B is under 16 and A does not reasonably believe that B is 16 or over, or

ii

B is under 13.

2

A person guilty of an offence under this Article 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.