Part 1Sexual Offences

Rape and other offences against children under 13

8Causing or inciting a child under 13 to engage in sexual activity

1

A person commits an offence if—

a

he intentionally causes or incites another person (B) to engage in an activity,

b

the activity is sexual, and

c

B is under 13.

2

A person guilty of an offence under this section, if the activity caused or incited involved—

a

penetration of B’s anus or vagina,

b

penetration of B’s mouth with a person’s penis,

c

penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

d

penetration of a person’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for life.

3

Unless subsection (2) applies, 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 to a fine not exceeding the statutory maximum or both;

b

on conviction on indictment, to imprisonment for a term not exceeding 14 years.