Part 1Sexual Offences

Child sex offences

9Sexual activity with a child

(1)

A person aged 18 or over (A) commits an offence if—

(a)

he intentionally touches another person (B),

(b)

the touching is sexual, and

(c)

either—

(i)

B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii)

B is under 13.

(2)

A person guilty of an offence under this section, if the touching involved—

(a)

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

(b)

penetration of B’s mouth with A’s penis,

(c)

penetration of A’s anus or vagina with a part of B’s body, or

(d)

penetration of A’s mouth with B’s penis,

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

(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.