Further Sexual Offences Flashcards

1
Q

What legislation covers Outraging Public Decency?

A

Common Law

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2
Q

Define Outraging Public Decency

A

It is an offence to commit:

An act which is
- lewd
- obscene
or disgusting in nature

which is capable of outraging public decency

in a public place

where at least two members of the public could have witnessed it.

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3
Q

What is S66 of SOA 2003?

A

Exposure

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4
Q

Define S66 SOA 2003

A

A person who intentionally exposes their genitals

And

They intend that someone will see them

And

Be caused alarm or distress.

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5
Q

What is S67(1) SOA 2003?

A

Voyeurism

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6
Q

Define S67(1) SOA 2003

A

A person who 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.

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7
Q

What is S63 SOA 2003?

A

Trespass with intent to commit a sexual offence.

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8
Q

Define S63 SOA 2003

A

A person commits the offence it

They are a trespasser on any premises

AND

they intend to commit a sexual offence on the premise

And

They know that

or

they are reckless as to whether they are a trespasser

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9
Q

What is S71 SOA 2003?

A

Sexual Activity in a Public Toilet

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10
Q

Define S71 SOA 2003

A

It is an offence for a person to engage in sexual activity in a public toilet.

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11
Q

What is S33 Criminal Justice and Courts Act 2015?

A

Disclosing private sexual photographs or films with intent to cause distress

AKA - Revenge Porn

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12
Q

Define S33 CJCA 2015

A

A person commits the offence if:

They disclose
or
threatens to disclose

a private sexual photograph or film in which another appears

And

by doing so, they intend to cause distress to the other person

or

The disclosure is or would be made without the consent of the other person.

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13
Q

What is S63-67 of the Criminal Justice and Immigration Act 2008?

A

Possession of extreme pornographic images.

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14
Q

Outline S63-67 CJIA 2008.

A

It is an offence for any person to be in possession of an extreme pornographic image.

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15
Q

What are some defences to this offence?

A
  • The person did not know they were in possession of the pornographic image.
  • They were only in possession of this image for a short amount of time.
    -They did not consent to receive this image.
    -They made all reasonable efforts to not be in possession of this image.
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