Point in time view as at 26/04/2013.
Sexual Offences Act 2003, Section 36 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)A person (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,
(d)B agrees to be present or in the place referred to in paragraph (c)(i) because of an inducement offered or given, a threat made or a deception practised by A for the purpose of obtaining that agreement,
(e)B has a mental disorder, and
(f)A knows or could reasonably be expected to know that B has a mental disorder.
(2)A person guilty of an offence under this section 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.
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