PUBLIC PROTECTION - Further Sexual Offences Flashcards
Definition of 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.
Contrary to common law
S66 sexual offences act 2003 - Exposure
A person INTENTIONALLY exposes their genitals
AND
They INTEND that someone will see them and be caused alarm or distress
S67(1) sexual offences act 2003 - Voyeurism
A person observes another doing a PRIVATE ACT for the purpose of the obtaining sexual gratification and they KNOW that the other person does not consent to being observed for their sexual gratification
Section 67 (2) sexual offences act (Voyeurism) 2003
Covers a person operating equipment with the intention of enabling another person, for his/her sexual gratification, to observe a third person, doing a private act, where he/she knows that the other person does not consent to being so viewed. This would cover, for example, a landlord operating a webcam to allow people on the internet for their sexual gratification to view live images of his
Section 67 (3) sexual offences act (Voyeurism) 2003
Covers a person recording another person doing a private act with the intention of looking at the recording for his own sexual gratification, or intending other people to look, for their sexual gratification, at the recording, and where he knows that the other does not consent to the recording of that act with that intention. This would therefore cover the person who secretly films someone masturbating in his bedroom to show to others for their sexual gratification. Proof that the intention was the sexual gratification of others could be derived from, for example, the fact that the image was posted on a pornographic website, or in a pornographic magazine. The defendant will be caught by the offence whether or not those looking at the image know that the person filmed did not consent to being filmed with that intention.
Section 67 (4) sexual offences act (Voyeurism) 2003
Covers someone who, for example drilled a spyhole or installed a two-way mirror in a house with the intention of spying on someone for sexual gratification or allowing others to do so. The defendant would be caught even if the peephole or mirror was discovered before it was used.
S63 Sexual offences act 2003 - trespassing
A person commits an offence to 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 trespasser
S67A sexual offences act 2003 - upskirting
A person (A) commits an offence if—
(a) A operates equipment beneath the clothing of another person (B)
(b) A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection, to observe –
(i) B’s genitals or buttocks (whether exposed or covered with underwear), or
(ii) The underwear covering B’s genitals or buttocks,
In circumstances where the genitals, buttocks or underwear would not otherwise be visible and,
(c) A does so –
(i) without B’s consent,
and
(ii) without reasonably believing that B consents
S71 sexual offences act 2003 - sex in toilets
It is an offence for a person to engage in sexual activity in a public lavatory (10yrs+)
what sexual offences come under S71 sexual offences act 2003
S33 criminal justice & courts act 2015
A person commits an offence if
The person discloses, or threatens to disclose, a private sexual photograph or film in which another individual appears,
By so doing, the person intends to cause distress to that individual, and
The disclosure is, or would be, made without the consent of that individual
S63-67 Criminal justice & immigration act 2008
It is an offence to be in possession of an EXTREME PORNOGRAPHIC IMAGE
under s63-67 what 5 things could be extreme pornographic?
Extremely pornographic
Grossly offensive,
Disgusting or obscene
Causes serious injury to private areas
Image displays sexual
Intercourse with a corpse
A person committing oral sex or sex with an animal
s65 - general defences
s66 - participation in consensual acts
