Part 1Sexual Offences

Inducements etc. to persons with a mental disorder

36Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder

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.