SEXUAL OFFENCES AGAINST CHILDREN UNDER 13

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  • Created by: Rae1803
  • Created on: 14-01-21 19:47
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  • SEXUAL OFFENCES AGAINST CHILDREN UNDER 13 - SEXUAL OFFENCES ACT 2003
    • SECTION 5-8 ARE THE SAME AS SECTION 1 - 4 ADULT OFFENCES
    • SEXUAL ACTIVITY WITH A CHILD SECTION 9
      • IF PEN - INDICTABLE 14 YEARS
      • IF NO PEN - EITHER WAY - 14 YEARS OR 6 MONTHS /  FINE
      • DEFENDANT MUST BE 18 OR OVER
      • MUST SHOW INTENT BY DEFENDANT
      • MUST SHOW DEFENDANT DID NOT REASONABLY BELIEVE VIC WAS 16+
      • CONSENT IS IRRELEVANT
    • CAUSING OR INCITING A CHILD TO ENGAGE IN SEXUAL ACITIVY S.10
      • IF NO PEN - EITHER WAY - 14 YEARS OR 6 MONTHS /  FINE
      • IF PEN - INDICTABLE 14 YEARS
      • INCITEMENT IS AN OFFENCE REGARDLESS IF THE ACTIVITY TOOK PLACE
      • CONSENT IS IRRELEVANT
    • SEXUAL ACTIVITY IN THE PRESENCE OF A CHILD S.11
      • EITHER WAY 10 YEARS / 6 MONTHS
      • ACTIVITY MUST BE SEXUAL
      • DEFENDANT MUST BE 18 OR OVER
      • TO OBTAIN SEXUAL GRATIFICATION
      • PERSON UNDER 16 MUST BE PRESENT OR NEARBY
      • DEFENDANT MUST KNOW CHILD NEARBY AND KNOW THE CHILD AWARE OF SEXUAL ACTIVITY
    • ARRANGING OR ENABLING CHILD SEX OFFENCE S.14
      • EITHER WAY 14 YEARS OR 6 MONTHS
      • DEFENDANT INTENDS TO COMMIT THEMSELVES OR HAVE SOMEONE ELSE COMMIT
      • IN ANY PART OF THE WORLD
      • COMPLETE REGARDLESS IF ACTIVITY TAKES PLACE
      • MUST BE FOR SEXUAL GRATIFICATION
    • SEXUAL COMMUNICATION WITH A CHILD S.15A
      • EITHER WAY 2 YEARS OR 6 MONTHS
      • FOR PURPOSE OF SEXUAL GRATIFICATION
      • MUST RELATE TO SEXUAL ACTIVITY
      • ADULT INTENTIALLY COMMUNICATES WITH A CHILD UNDER 16
    • FAMILIAL SEXUAL ACTIVITY WITH A CHILD S.25
      • OVER 18 + PENETRATION = INDICTABLE 14 YEARS
      • UNDER 18 AT TIME OF OFFENCE = EITHER WAY 5 YEARS / FINE
      • FAMILY RELATIONSHIP  MUST BE PROVED
      • EXCEPTION WHERE DEFENDANT AND VIC ARE LAWFULLY MARRIED
    • INCITING CHILD FAMILY MEMBER TO ENGAGE IN SEX ACTIVITY S.26
      • OVER 18 + PENETRATION = INDICTABLE 14 YEARS
      • UNDER 18 AT TIME OF OFFENCE = EITHER WAY 5 YEARS / FINE
      • CHILD CONSENT IRELEVANT
      • ACTIVITY ACTIONED IRRELEVANT
    • INDECENT IMAGES PROTECTION OF CHILDREN ACT 1978 S1,1A AND 1B
      • EITHER WAY10 YEARS OR 6 MONTHS / FINE
      • TO TAKE, PERMIT TO BE TAKEN OR TO MAKE
      • TO DISTRIBUTE OR SHOW
        • INCLUDE LENDING TO ANOTHER
      • TO HAVE IN HIS POESSESION
        • VIDEO RECORDINGS / POSESSION OF EXPOSED BUT UNDEVELOPED FILM
      • TO PUBLISH OR CAUSE TO PUBLISH
      • DEFENCE TO PROCE - LEGITMATE REASON / HE HIMSELF HAD NOT SEEN
      • CONSENT OF DPP IS NEEDED TO PROSECUTE
      • CRIMINAL JUSTICE ACT 1988 S160
        • 5 YEARS / 6 MONTHS OR FINE
        • DEFENCE TO PROVE DEF DID OT KNOW IT WAS A CHILD IN THE IMAGE
    • POSSESSION OF PROHIBITED IMAGES OF CHILDREN - CORONERS AND JUSTICE ACT 2009 S.62
      • EITHER WAY 3 YEARS / FINE OR 6 MONTHS / FINE
      • GROSSLY OFFENSIVE DISGUSTING OR OTHERWISE OBSCENE
      • PORNOGRAPHIC
      • REQUIRES DPP CONSENT TO PROSECUTION

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