Further Sexual Offences Flashcards
Outraging public decency
It is an offence to commit an act of a lewd, obscene and disgusting nature, which is capable of outraging public decency in a public place where at least two members of the public could have witnessed it
The 4 elements of the offence
Number 1
The act committed must be of a lewd, obscene and disgusting nature- the meanings of these terms overlap
The 4 elements of the offence
Number 2
The act must be capable of outraging public decency
The 4 elements of the offence
Number 3
More than one person must have been able to witness the act, even if they didn’t
The 4 elements of the offence
Number 4
Reasonable people must be able to venture out without the risk of outrage to minimum standards of decency
Therefore the act must be in a place where there is a real possibility that members of the general public might witness it
Section 66 sexual offences act 2003- exposure
A person intentionally exposed their genitals and they intend that someone will see them and be caused alarm or distress
Explain intentionally
The offender has to intend to cause alarm or distress to a person who will see the genitalia
Therefore, naturists normal lewisite activities would not be an offence provided they are not in a public place and on a designated naturist site
Voyeurism section 67(1) sexual offences act 2003
A person observes another doing a private act for the purpose of obtaining sexual gratification and they know that the other person does not consent to being observed for their sexual gratification
Voyeurism section 67(2) sexual offences act 2003
Covers a person operating equipment with intention of enabling another person for their sexual gratification
Voyeurism section 67(3) sexual offences act 2003
Covers if a person records another person doing a private act with intention of recording it for their sexual gratification or intending other people to look at it
Voyeurism section 67(4) sexual offences act 2003
A person commits an offence if he install equipment or constructs or adapts a structure or part of a structure with the intention of enabling himself or another person commits an offence under subsection (1)
Trespass with intent to commit a sexual offence
Section 63 of the sexual offences act 2003
A person commits an offence of trespass with intent to commit a sexual offence if:
They are a trespasser on any premises
They intend to commit a relevant sexual offence on the premises and
They know that or are reckless as to whether they are a trepasser
Sexual activity in a public toilet
Section 71 sexual offences act 2003
It is an offence for a person to engage in sexual activity in a public lavatory
Disclosing private sexual photographs & films with intent cause distress
Section 33 criminal justice & courts act 2015
It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made:
Without the consent of an individual who appears in the photograph or film and with the intention of causing that individual distress
Possession of extreme pornographic images
Section 63-67 criminal justice & immigration act 2008
It is an offence to be in possession of an extreme pornographic image