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.