Further Sexual Offences Flashcards
What legislation covers Outraging Public Decency?
Common Law
Define Outraging Public Decency
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.
What is S66 of SOA 2003?
Exposure
Define S66 SOA 2003
A person who intentionally exposes their genitals
And
They intend that someone will see them
And
Be caused alarm or distress.
What is S67(1) SOA 2003?
Voyeurism
Define S67(1) SOA 2003
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.
What is S63 SOA 2003?
Trespass with intent to commit a sexual offence.
Define S63 SOA 2003
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
What is S71 SOA 2003?
Sexual Activity in a Public Toilet
Define S71 SOA 2003
It is an offence for a person to engage in sexual activity in a public toilet.
What is S33 Criminal Justice and Courts Act 2015?
Disclosing private sexual photographs or films with intent to cause distress
AKA - Revenge Porn
Define S33 CJCA 2015
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.
What is S63-67 of the Criminal Justice and Immigration Act 2008?
Possession of extreme pornographic images.
Outline S63-67 CJIA 2008.
It is an offence for any person to be in possession of an extreme pornographic image.
What are some defences to this offence?
- 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.