SCHEDULE 14Amendments consequential on offences in Part 10 of this Act
PART 3Amendments consequential on offences in sections 187 and 188
Children and Young Persons Act 1933
13
In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of Act apply), in the first entry relating to the Sexual Offences Act 2003, after “66” insert “, 66A, 66B”
.
Police and Criminal Evidence Act 1984
14
Sexual Offences (Amendment) Act 1992
15
“(2B)
For the purposes of this Act, where it is alleged or there is an accusation that an offence under section 66B(4) of the Sexual Offences Act 2003 (threatening to share intimate photograph or film) has been committed, the person against whom the offence is alleged to have been committed is to be regarded as—
(a)
the person to whom the threat mentioned in that subsection is alleged to have been made, and
(b)
(if different) the person shown, or who appears to be shown, in an intimate state in the photograph or film that is the subject of the threat.”
Sexual Offences Act 2003
16
(1)
The Sexual Offences Act 2003 is amended as follows.
(2)
In section 78 (meaning of “sexual”), after “15A” insert “, 66B to 66D”
.
(3)
(4)
“33A
An offence under section 66A of this Act (sending etc photograph or film of genitals) if—
(a)
where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
(b)
in any other case—
(i)
the victim was under 18, or
(ii)
the offender, in respect of the offence or finding, is or has been—
(a)
sentenced to a term of imprisonment,
(b)
detained in a hospital, or
(c)
made the subject of a community sentence of at least 12 months.
33B
An offence under section 66B(3) of this Act (sharing intimate photograph or film for purpose of obtaining sexual gratification) if—
(a)
where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
(b)
in any other case—
(i)
the victim was under 18, or
(ii)
the offender, in respect of the offence or finding, is or has been—
(a)
sentenced to a term of imprisonment,
(b)
detained in a hospital, or
(c)
made the subject of a community sentence of at least 12 months.”
Criminal Justice Act 2003
17
(1)
The Criminal Justice Act 2003 is amended as follows.
(2)
“149A
An offence under section 66A of that Act (sending etc photograph or film of genitals).
149B
(3)
In Schedule 34A (child sex offences for purposes of section 327A), in paragraph 10—
(b)
after “exposure” insert “, sending etc photograph or film of genitals, sharing intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification”
.
Anti-social Behaviour, Crime and Policing Act 2014
18
In section 116 of the Anti-social Behaviour, Crime and Policing Act 2014 (information about guests at hotels believed to be used for child sexual exploitation), in subsection (8)(c), in the entry that relates to exposure and voyeurism offences in the Sexual Offences Act 2003—
(b)
after “exposure” insert “, sending etc photograph or film of genitals, sharing intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification”
.
Modern Slavery Act 2015
19
Sentencing Act 2020
20
“(axa)
section 66A (sending etc photograph or film of genitals);
(axb)
Elections Act 2022
21
“(g)
section 66A (sending etc photograph or film of genitals).”