Paying for sexual services of a childN.I.
This section has no associated Explanatory Memorandum
37.—(1) A person (A) commits an offence if—
(a)he intentionally obtains for himself the sexual services of another person (B).
(b)before obtaining those services, he has made or promised payment for those services to B or a third person, or knows that another person has made or promised such a payment, and
(c)either—
(i)B is under 18, and A does not reasonably believe that B is 18 or over, or
(ii)B is under 13.
(2) In this Article, “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) A person guilty of an offence under this Article against a person under 13, where paragraph (6) applies, is liable on conviction on indictment to imprisonment for life.
(4) Unless paragraph (3) applies, a person guilty of an offence under this Article against a person under 16 is liable—
(a)where paragraph (6) applies, on conviction on indictment, to imprisonment for a term not exceeding 14 years;
(b)in any other case—
(i)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(ii)on conviction on indictment, to imprisonment for a term not exceeding 14 years.
(5) Unless paragraph (3) or (4) applies, 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 7 years.
(6) This paragraph applies where the offence involved—
(a)penetration of B's anus or vagina with a part of A's body or anything else,
(b)penetration of B's mouth with A's penis,
(c)penetration of A's anus or vagina with a part of B's body or by B with anything else, or
(d)penetration of A's mouth with B's penis.