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.