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Sexual Offences Act 2003
Indictment Precedent Index

Precedent Heading and Reference

  • Rape and Sexual Assault
    • Rape SO1
    • Assault by Penetration SO2
    • Sexual Assault SO3
  • Causing Sexual Activity Without Consent
    • Causing a Person to Engage in Sexual Activity (Penetration) SO4
    • Causing a Person to Engage in Sexual Activity (Non penetration) SO4N
  • Rape And Other Offences Against Children Under 13
    • Rape of a Child under 13 SO5
    • Assault of a Child under 13 by penetration SO6
    • Sexual Assault of a Child under 13 SO7
    • Causing/ Inciting a Child under 13 to Engage in Sexual Activity (Penetration) SO8
    • Causing/ Inciting a Child under 13 to Engage in Sexual Activity (Non -
    • Penetration) SO8N
  • Child Sex Offences
    • Over 18 Sexual Activity with a Child (Penetration) SO9
    • Under 18 Sexual Activity with Child SO9A
    • Over 18 Sexual Activity with a Child (Non Penetration) SO9N
    • Over 18 Causing/ Inciting Child to Engage in Sexual Activity SO10
    • Over 18 Causing/ Inciting Child to Engage in Sexual Activity
    • (Non Penetration) SO10N
    • Under 18 Causing/ Inciting Child to Engage in Sexual Activity SO10A
    • Over 18 Engaging in Sexual Activity in Presence of a Child SO11
    • Under 18 Engaging in Sexual Activity in Presence of a Child SO11A
    • Over 18 Causing a Child to Watch a Sexual Act SO12
    • Under 18 Causing a Child to Watch a Sexual Act SO12A
    • Arranging or Facilitating Commission of a Child Sex Offence SO14
    • Meeting a Child Following Sexual Grooming SO15
  • Abuse of Positions of Trust
    • Sexual Activity with a Child SO16
    • Causing/Inciting Child to Engage in Sexual Activity SO17
    • Sexual Activity in Presence of Child SO18
    • Causing a Child to Watch a Sexual Act SO19
  • Familial Child Sex Offences
    • Over 18 Sexual Activity with Child Family Member SO25
    • Under 18 Sexual Activity with Child Family Member SO25A
    • Over 18 Sexual Activity with Child Family Member (Non Penetration) SO25N
    • Over 18 Inciting Child Family Member to Engage in Sexual Activity
    • (Penetration) SO26
    • Under 18 Inciting Child Family Member to Engage in Sexual Activity
    • (Penetration) SO26A
    • Over 18 Inciting Child Family Member to Engage in Sexual Activity
    • (Non Penetration) SO26N
  • Offences Against Persons with a Mental Disorder Impeding Choice
    • Sexual Activity with a Person with a Mental Disorder (Penetration) SO30
    • Sexual Activity with a Person with a Mental Disorder (Non Penetration) SO30N
    • Causing/Inciting Person with a Mental Disorder to Engage in Sexual Activity
    • (Penetration) SO31
    • Causing/Inciting Person with a Mental Disorder to Engage in Sexual Activity
    • (Non Penetration) SO31N
    • Engaging in Sexual Activity in the Presence of Person with Mental Disorder SO32
    • Causing Person with Mental Disorder to Watch Sexual Act SO33
  • Inducements, Threat or Deception to Persons with a Mental Disorder
    • To Procure sexual Activity (Penetration) SO34
    • To Procure sexual Activity (Non Penetration) SO34N
    • Causing to Engage in Sexual Activity (Penetration) SO35
    • Causing to Engage in Sexual Activity (Non Penetration) SO35N
    • Engaging in Sexual Activity in Presence of Person with Mental Disorder SO36
    • Causing Person with Mental Disorder to Watch a Sexual Act SO37
  • Care workers for Persons with a Mental Disorder
    • Sexual Activity with Person with Mental Disorder (Penetration) SO38
    • Sexual Activity with Person with Mental Disorder (Non Penetration) SO38N
    • Causing/Inciting Sexual Activity (Penetration) SO39
    • Causing/Inciting Sexual Activity (Non Penetration) SO39N
    • Sexual Activity in Presence of Person with a Mental Disorder SO40
    • Causing Person with Mental Disorder to Watch a Sexual Act SO41
  • Abuse of Children through Prostitution and Pornography
    • Paying for Sexual Services of a Child under 18 SO47
    • Paying for Sexual Services of a Child under 16 SO47A
    • Paying for Sexual Services of a Child (Penetration) SO47C
    • Paying for Sexual Services of a Child under 16 (Penetration) SO47D
    • Causing/Inciting Child Prostitution or Pornography SO48
    • Controlling Child Prostitution or Pornography SO49
    • Arranging or Facilitating Child Prostitution or Pornography SO50
  • Exploitation of Prostitution
    • Causing/Inciting Prostitution for Gain SO52
    • Controlling Prostitution for Gain SO53
  • Trafficking
    • Arranging/ Facilitating Arrival in UK for Sexual Exploitation SO57
    • Arranging/ Facilitating Travel within UK for Sexual Exploitation SO58
    • Arranging/ Facilitating Departure from UK for Sexual Exploitation SO59
  • Preparatory Offences
    • Administering a substance with Intent to Engage in Sexual Activity SO61
    • Committing an Offence with Intent to Commit Sexual Offence SO62
    • Committing an Offence with Intent to Commit Sexual Offence SO62A
    • Trespass with Intent to Commit Sexual Offence SO63
  • Sex with Adult Relative
    • Sex with an Adult Relative SO64
    • Sex with an Adult Relative Consenting to Penetration SO65
  • Other Offences
    • Exposure SO66
    • Voyeurism SO67
    • Voyeurism: Installation/Construction of Equipment SO67A
    • Voyeurism: Operating Equipment SO67B
    • Voyeurism: Recording another in Private Act SO67C
  • Bestiality
    • Intercourse with an Animal (Defendant Penetrated) SO69
    • Intercourse with an Animal (Defendant allowed self to be Penetrated) SO69A
  • Necrophilia
    • Sexual Penetration of a Corpse SO70

SO1

Statement Of Offence

RAPE contrary to Section 1 (1) of the Sexual Offences Act 2003.

Particulars Of Offence

On the ...... day of ....................

or

On a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANTS'S NAME) intentionally penetrated with your penis the

(A) vagina
(B) anus
(C) mouth

of another, namely (SPECIFY NAME), and he or she did not consent and you did not reasonably believe that he or she was consenting.

Offence type: Indictable only

Penalty: Life imprisonment.

Note:

(i)An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(ii) A person guilty of this offence is subject to the notification and orders requirements as provided by Part 2 of this Act, which commences at section 80. (Schedule 3 paragraph 17).

(iii) Carefully check an offender's previous convictions. A prior conviction for a serious offence' may render the convicted person liable to a mandatory life sentence under the provisions of section 109 of the Powers of Criminal Courts (Sentencing) Act 2000.

SO2

Statement Of Offence

ASSAULT BY PENETRATION contrary to Section 2(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANTS'S NAME), intentionally penetrated with a

(A) part of your body, namely (SPECIFY THE PART)
(B) thing, namely (SPECIFY THE THING)

the

(C) vagina
(D) anus

of another, namely (SPECIFY NAME), without his or her consent and you did not reasonably believe that he or she was consenting and that penetration was sexual.

Offence type: Indictable only

Penalty: Life imprisonment.

Note:

(i)An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(ii) A person guilty of this offence is subject to the notification and orders requirements as provided by Part 2 of this Act, which commences at section 80. (Schedule 3 paragraph 17).

(iii) Carefully check an offender's previous convictions. A prior conviction for a serious offence' may render the convicted person liable to a mandatory life sentence under the provisions of section 109 of the Powers of Criminal Courts (Sentencing) Act 2000.

SO3

Statement Of Offence

SEXUAL ASSAULT contrary to Section 3(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), intentionally touched another, namely (SPECIFY NAME), and that touching was sexual and without his or her consent and you did not reasonably believe that he or she was consenting.

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine not exceeding the statutory maximum.

Indictment: 10 years imprisonment

Note:

(i) An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(ii) A person guilty of this offence is subject to the notification and orders requirements as provided by Part 2 of this Act, which commences at section 80. (Schedule 3 paragraph 18).

iii) Carefully check an offender's previous convictions. A prior conviction for a serious offence' may render the convicted person liable to a mandatory life sentence under the provisions of section 109 of the Powers of Criminal Courts (Sentencing) Act 2000.

(iv) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps the offender has taken to ascertain whether the victim consented - (section 3(2)).

SO4

Statement Of Offence

CAUSING A PERSON TO ENGAGE IN SEXUAL ACTIVITY WITHOUT CONSENT contrary to Section 4 (1) and (4) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), intentionally caused another, namely (SPECIFY NAME) to engage in sexual activity involving the penetration of (SPECIFY TYPE OF PENETRATION refer to note (i) for assistance)

when he or she did not consent and you did not reasonably believe that he or she was consenting.

Offence type: Indictable only

Penalty: Life imprisonment.

Note:

(i) The penetration options are: Where B is the victim -

(a) penetration of B's anus or vagina,

(b) penetration of B's mouth with a person's penis,

(c) penetration of a person's anus or vagina with a part of B's body or by B with anything else, or

(d) penetration of a person's mouth with B's penis,

(ii) An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72). A person guilty of this offence is subject to the notification and orders requirements as provided by Part 2 of this Act, which commences at section 80. (Schedule 3 paragraph 19).

iii) Carefully check an offender's previous convictions. A prior conviction for a serious offence' may render the convicted person liable to a mandatory life sentence under the provisions of section 109 of the Powers of Criminal Courts (Sentencing) Act 2000.

(iv) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps the offender has taken to ascertain whether the victim consented - (section 4(2)).

SO4N

Statement Of Offence

CAUSING A PERSON TO ENGAGE IN SEXUAL ACTIVITY WITHOUT CONSENT contrary to Section 4 (1) and (5) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), intentionally caused another, namely (SPECIFY NAME), to engage in sexual activity, namely (SPECIFY THE ACTIVITY), without his or her consent and you did not reasonably believe that he or she was consenting.

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine not exceeding the statutory maximum.

Indictment: 10 years imprisonment

Note:

(i) An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(ii) A person guilty of this offence is subject to the notification and orders requirements as provided by Part 2 of this Act, which commences at section 80. (Schedule 3 paragraph 19).

(iii) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps the offender has taken to ascertain whether the victim consented - (sub-section (2)).

SO5

Statement Of Offence

RAPE OF A CHILD UNDER 13 contrary to Section 5(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME) intentionally penetrated the

(A) vagina
(B) anus
(C) mouth

of (SPECIFY NAME) a child under the age of 13 with your penis.

Offence type: Indictable only

Penalty: Life imprisonment.

Note:

(i) An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(ii) A person guilty of this offence is subject to the notification and orders requirements as provided by Part 2 of this Act, which commences at section 80. (Schedule 3 paragraph 19).

(iii) Carefully check an offender's previous convictions. A prior conviction for a serious offence' may render the convicted person liable to a mandatory life sentence under the provisions of section 109 of the Powers of Criminal Courts (Sentencing) Act 2000.

SO6

Statement Of Offence

ASSAULT OF A CHILD UNDER 13 BY PENETRATION, contrary to Section 6(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME) intentionally penetrated the

(A) vagina
(B) anus

of a child under the age of 13, namely (SPECIFY THE AGE), with a

(C) part of your body, namely (SPECIFY THE PART)
(D) thing, namely (SPECIFY THE THING)

and that penetration was sexual.

Offence type: Indictable only.

Penalty: Life imprisonment

Note:

(i) An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(ii) A person guilty of this offence is subject to notification and orders as provided by section 80 of the Act. (Schedule 3 paragraph 19).

(iii) Check an offender's previous convictions. A prior conviction for a serious offence' may render the convicted person liable to a mandatory life sentence under the provisions of section 109 of the Powers of Criminal Courts (Sentencing) Act 2000.

SO7

Statement Of Offence

SEXUAL ASSAULT OF A CHILD UNDER 13, contrary to Section 7(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), intentionally touched a child under the age of 13, namely (SPECIFY THE AGE), and the touching was sexual.

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine.

Indictment: 14 years imprisonment.

Note:

(i) An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(ii) A person guilty of this offence is subject to notification and orders as provided by section 80 of the Act. (Schedule 3 paragraph 20).

SO8

Statement Of Offence

CAUSING OR INCITING A CHILD UNDER 13 TO ENGAGE IN SEXUAL ACTIVITY, contrary to Section 8(1) and (2) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), intentionally

(A) caused
(B) incited

a child under the age of 13, namely (SPECIFY THE AGE), to engage in sexual activity involving the penetration of (SPECIFY NATURE OF PENETRATION refer to note (i) for assistance)

Offence type: Indictable only.

Penalty: Life imprisonment.

Note:

(i) The penetration options are: Where B is the Victim -

(a) penetration of B's anus or vagina,
(b) penetration of B's mouth with a person's penis
(c) penetration of a person's anus or vagina with a part of B's body or by B with anything
else, or
(d) penetration of a person's mouth with B's penis.

(ii) An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(iii) A person guilty of this offence is subject to notification and orders as provided by section 80 of the Act. (Schedule 3 paragraph 21).

(iv) Carefully check an offender's previous convictions. A prior conviction for a serious offence' may render the convicted person liable to a mandatory life sentence under the provisions of section 109 of the Powers of Criminal Courts (Sentencing) Act 2000.

SO8N

Statement Of Offence

CAUSING OR INCITING A CHILD UNDER 13 TO ENGAGE IN SEXUAL ACTIVITY, contrary to Section 8(1) and (3) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME) intentionally

(A) caused
(B) incited

a child under the age of 13, namely (SPECIFY THE AGE), to engage in sexual activity, namely (SPECIFY THE ACTIVITY).

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine not exceeding the statutory maximum.

Indictment: 14 years imprisonment.

Note:

(i) An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(ii) A person guilty of this offence is subject to notification and orders as provided by section 80 of the Act. (Schedule 3 paragraph 21).

SO9

Statement Of Offence

SEXUAL ACTIVITY WITH A CHILD, contrary to Section 9(1) and (2) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person aged 18 or over intentionally touched a child under the age of 16, namely (SPECIFY AGE), that touching being sexual and involving the penetration of (SPECIFY NATURE OF PENETRATION refer to note (i) for assistance)

[where child is aged 13 - 15 insert - not reasonably believing that he or she was aged 16 or over]

Offence type: Indictable only.

Penalty: 14 years imprisonment.

Notes:

(i) The penetration options are: Where B is the Victim and A is the defendant -

(a) penetration of B's anus or vagina with a part of A's body or anything else,
(b) penetration of B's mouth with A's penis,
(c) penetration of A's anus or vagina with a part of B's body, or
(d) penetration of A's mouth with B's penis

(ii) An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(iii) A person guilty of this offence is subject to notification and orders as provided by section 80 of the Act. (Schedule 3 paragraph 21).

SO9A

Statement Of Offence

SEXUAL ACTIVITY WITH A CHILD, contrary to Section 13(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person under the age of 18 (SPECIFY AGE), intentionally touched a child under the age of 16, namely (SPECIFY AGE), that touching being sexual.

Offence type: Either way.

Penalty: Summary: 6 months imprisonment and/or a fine not exceeding the statutory maximum.

Indictment: 5 years imprisonment.

Notes:

(i) An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(ii) A person guilty of this offence is subject to notification and orders as provided by section 80 of the Act. (Schedule 3 paragraph 22).

(iii) This offence may only be committed by an offender under 18 years of age.

(iv) Touching may amount to penetration, however under Section 13 as it is not 2 separate offences there is no need to specify whether the touching amounted to penetration.

SO9N

Statement Of Offence

SEXUAL ACTIVITY WITH A CHILD, contrary to Section 9(1) and (3) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person aged 18 or over, intentionally touched a child under the age of 16, namely (SPECIFY THE AGE), and that touching was sexual

[Where child is aged 13 - 15 insert - not reasonably believing that he or she was aged 16 or over]

Offence type: Either way.

Penalty: Summary: 6 months imprisonment and/or a fine not exceeding the statutory maximum.

Indictment: 5 years imprisonment.

Note:

(i) An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(ii) A person guilty of this offence is subject to notification and orders as provided by section 80 of the Act. (Schedule 3 paragraph 22).

SO10

Statement Of Offence

CAUSING OR INCITING A CHILD TO ENGAGE IN SEXUAL ACTIVITY, contrary to Section 10(1) and (2) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person aged 18 or over, intentionally

(A) caused
(B) incited

a child, under the age of 16 (SPECIFY AGE), to engage in sexual activity involving the penetration of (SPECIFY NATURE OF PENETRATION refer to Note (i) for assistance)

[Where child is aged between 13 and 15 insert - not reasonably believing that he or she was aged 16 or over]

Offence type: Indictable

Penalty: Indictment: 14 years imprisonment.

Note:

(i) The penetration options are: Where B is the Victim:

(a) penetration of B's anus or vagina,
(b) penetration of B's mouth with a person's penis,
(c) penetration of a person's anus or vagina with a part of B's body or by B with
anything else, or
(d) penetration of a person's mouth with B's penis,

(ii) An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(iii) A person guilty of this offence is subject to notification and orders as provided by section 80 of the Act. (Schedule 3 paragraph 22).

(iv) This offence may only be committed by an offender over 18 years of age.

(v) There is a defence of mistaken belief in age where victim is under 16 however this does not apply where victim is under 13.

SO10N

Statement Of Offence

CAUSING OR INCITING A CHILD TO ENGAGE IN SEXUAL ACTIVITY, contrary to Section 10(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person aged 18 or over, intentionally

(A) caused
(B) incited

a child, under the age of 16 (SPECIFY AGE), to engage in sexual activity.

[Where child is aged 13 - 15 insert - not reasonably believing that he or she was aged 16 or over]

Offence type: Either Way

Penalty:

Summary: 6 months imprisonment and or fine.

Indictment: 14 years imprisonment.

Notes:

(i) An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(ii) A person guilty of this offence is subject to notification and orders as provided by section 80 of the Act. (Schedule 3 paragraph 22).

(iii) This offence may only be committed by an offender over 18 years of age.

(iv) There is a defence of mistaken belief in age where victim is under 16 however this does not apply where victim is under 13.

SO10A

Statement Of Offence

CAUSING OR INCITING A CHILD TO ENGAGE IN SEXUAL ACTIVITY, contrary to Section 13(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person under the age of 18 (SPECIFY OFEENDERS AGE), intentionally

(A) caused
(B) incited

a child under the age of 16 (SPECIFY THE AGE), to engage in sexual activity.

[Where child is aged 13 - 15 insert - not reasonably believing that he or she was aged 16 or over]

Offence type: Either way

Penalty:

Summary: 6 months and/or a fine

Indictment: 5 years imprisonment.

Note:

(i)An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(ii) A person guilty of this offence is subject to notification and orders as provided by section 80 of the Act. (Schedule 3 paragraph 22).

(iii) This offence may only be committed by an offender over 18 years of age.

(iv) There is a defence of mistaken belief in age where victim is under 16 however this does not apply where victim is under 13.

SO11

Statement Of Offence

ENGAGING IN SEXUAL ACTIVITY IN THE PRESENCE OF A CHILD, contrary to Section 11(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person aged 18 or over for the purpose of obtaining sexual gratification, intentionally engaged in sexual activity in

(A) the presence of
(B) a place, namely (SPECIFY THE PLACE) where you could be observed by

a child under the age of 16, namely (SPECIFY THE AGE OF THE VICTIM),

[where child is aged 13 - 15 insert - not reasonably believing that he or she was aged 16 or over]

knowing or believing that he or she was, or intending that he or she should be, aware that you were engaging in that activity.

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine not exceeding the statutory maximum.

Indictment: 10 years imprisonment.

Note:

(i) An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(ii) A person guilty of this offence is subject to notification and orders as provided by section 80 of the Act. (Schedule 3 paragraph 21).

(iii) There is a defence of mistaken belief in age where victim is under 16 however this does not apply where victim is under 13.

SO11A

Statement Of Offence

ENGAGING IN SEXUAL ACTIVITY IN THE PRESENCE OF A CHILD, contrary to Section 13(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person under the age of 18, namely (SPECIFY AGE), for the purpose of obtaining sexual gratification, intentionally engaged in sexual activity in

(A) the presence of
(B) a place, namely (SPECIFY THE PLACE) where you could be observed by

a child under the age of 16, namely (SPECIFY THE AGE OF THE VICTIM),

[where child is aged 13 - 15 insert - not reasonably believing that he or she was aged 16 or over]

knowing or believing that he or she was, or intending that he or she should be aware that you were engaging in that activity.

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine not exceeding the statutory maximum.

Indictment: 5 years imprisonment.

Note:

(i) An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(ii) A person guilty of this offence is subject to notification and orders as provided by section 80 of the Act. (Schedule 3 paragraph 21).

(iii) There is a defence of mistaken belief in age where victim is under 16 however this does not apply where victim is under 13.

SO12

Statement Of Offence

CAUSING A CHILD TO WATCH A SEXUAL ACT, contrary to Section 12(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person aged 18 or over, for the purpose of obtaining sexual gratification, intentionally caused a child under the age of 16, namely (SPECIFY AGE), to

(A) watch a third person
(B) look at an image of a person

engaging in a sexual activity

[where child is aged between 13 and 15 insert - not reasonably believing that he or she was aged 16 or over]

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine not exceeding the statutory maximum.

Indictment: 10 years imprisonment.

Note:

(i) An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(ii) A person guilty of this offence is subject to notification and orders as provided by section 80 of the Act. (Schedule 3 paragraph 21).

(iii) There is a defence of mistaken belief in age where the victim is under 16 however this does not apply where victim is under 13.

SO12A

Statement Of Offence

CAUSING A CHILD TO WATCH A SEXUAL ACT, contrary to Section 13(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person under the age of 18, (SPECIFYAGE), for the purpose of obtaining sexual gratification, intentionally caused a child under the age of 16, namely (SPECIFY AGE), to

(A) watch a third person
(B) look at an image of a person

engaging in a sexual activity

[where child is aged between 13 and 15 insert - not reasonably believing that he or she was aged 16 or over]

Offence type: Either way.

Penalty

Summary: 6 months imprisonment and/or a fine not exceeding the statutory maximum.

Indictment: 5 years imprisonment.

Note:

(i) An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72).

(ii) A person guilty of this offence is subject to notification and orders as provided by section 80 of the Act. (Schedule 3 paragraph 21).

(iii) There is a defence of mistaken belief in age where the victim is under 16 however this does not apply where victim is under 13.

SO14

Statement Of Offence

ARRANGING OR FACILITATING COMMISSION OF A CHILD SEX OFFENCE contrary to Section 14(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), intentionally arranged or facilitated an act which you

(A) intended to do
(B) intended another person to do
(C) believed another person would do

in any part of the world, which would involve the commission of an offence under any of sections 9 to 13 of the Sexual Offences Act 2003, namely (SPECIFY THE OFFENCE refer to note (1) for a assistance)

Offence type: Either way.

Penalty: Summary: 6 months imprisonment and/or a fine not exceeding the statutory maximum.

Indictment: 14 years imprisonment.

Note:

(i) Sections 9 - 13 offences are:

S9 - Sexual activity with a child
S10 - Causing or inciting a child to engage in sexual activity
S11 - Engaging in sexual activity in the presence of a child
S12 - Causing a child to watch a sexual act.
S13 - Child sex offences committed by children or young persons

(ii) Provided the victim was under16 an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom. (section 72).

(iii) A person convicted of this offence who was aged 18 or over or sentenced in respect of this offence to at least twelve months imprisonment is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 23).

SO15

Statement Of Offence

MEETING A CHILD FOLLOWING SEXUAL GROOMING contrary to Section 15(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person aged 18 or over, having on at least two earlier occasions met or communicated with a child under the age of 16, namely (SPECIFY AGE),

(A) intentionally met
(B) travelled with the intention of meeting

the child and at the time you intended to do something to or in respect of the child, during or after the meeting and in any part of the world, which if done would have involved the commission of a relevant offence, as defined in section 15(2)(b) of the Sexual Offences Act 2003.

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine not exceeding the statutory maximum.

Indictment: 10 years imprisonment.

Note:

(i) An act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom. (section 72).

(ii) A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 24).

(iii) A relevant offence as defined in section 15(2)(b) of SOA 2003 is any offence committed within SOA 2003.

(iv) Where there is an intention to commit a number of offences within the Act there is no need to specify particular offences in the indictment.

SO16

Statement Of Offence

ABUSE OF TRUST: SEXUAL ACTIVITY WITH A CHILD contrary to Section 16(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person aged 18 or over in a position of trust which you knew or could reasonably be expected to know, in relation to a child under the age of 18, namely (SPECIFY AGE), intentionally touched the child and the touching was sexual

[where child is aged 13 - 15 insert - not reasonably believing that he or she was aged 16 or over]

Offence type: Either way.

Penalty: Summary: 6 months imprisonment and/or a fine not exceeding the statutory maximum.

Indictment: 5 years imprisonment.

Note:

(i) Provided the victim was under 16 an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom. (section 72 and Sch 2).

(ii) A person convicted of this offence and sentenced to a term of imprisonment, detained in a hospital or made the subject of a community sentence of at least 12 months is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 25).

(iii) See section 21 of the Act for interpretation of the term "position of trust".

SO17

Statement Of Offence

ABUSE OF TRUST: CAUSING OR INCITING A CHILD TO ENGAGE IN SEXUAL ACTIVITY contrary to Section 17(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person aged 18 or over in a position of trust which you knew or could reasonably be expected to know in relation to a child under the age of 18, namely (SPECIFY AGE), intentionally

(A) caused
(B) incited

the child to engage in a sexual activity.

[where child is 13 -17 insert - not reasonably believing that he or she was aged 18 or over]

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine not exceeding the statutory maximum.

Indictment: 5 years imprisonment.

Note:

(i) Provided the victim was under 16 an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom. (section 72 and Sch 2).

(ii) A person convicted of this offence and sentenced to a term of imprisonment, detained in a hospital or made the subject of a community sentence of at least 12 months is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 25).

(iii) See section 21 of the Act for interpretation of the term "position of trust".

SO18

Statement Of Offence

ABUSE OF TRUST: SEXUAL ACTIVITY IN THE PRESENCE OF A CHILD contrary to Section 18(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person aged 18 or over in a position of trust which you knew or could reasonably be expected to know in relation to a child under the age of 18, namely (SPECIFY AGE), for the purpose of obtaining sexual gratification, intentionally engaged in sexual activity in

(A) the presence of
(B) a place, namely(SPECIFY PLACE), where you could be observed by

a child knowing or believing that the child was aware, or intending that the child should be aware that you were engaging in that activity.

[where child is 13 -17 insert - not reasonably believing that he or she was aged 18 or over]

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine not exceeding thestatutory maximum.

Indictment: 5 years imprisonment.

Note:

(i) Provided the victim was under 16 an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom. (section 72 and Sch 2).

(ii) A person convicted of this offence and sentenced to a term of imprisonment, detained in a hospital or made the subject of a community sentence of at least 12 months is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 25).

(iii) See section 21 of the Act for interpretation of the term "position of trust".

SO19

Statement Of Offence

ABUSE OF TRUST: CAUSING A CHILD TO WATCH A SEXUAL ACT contrary to Section 19(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person aged 18 or over in a position of trust which you knew or could reasonably be expected to know in relation to a child under the age of 18, namely (SPECIFY AGE), for the purpose of obtaining sexual gratification, intentionally caused that child to

(A) watch a third person
(B) look at an image of a person

engaging in a sexual activity.

[where child is 13 -17 insert - not reasonably believing that he or she was aged 18 or over]

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine not exceeding thestatutory maximum.

Indictment: 5 years imprisonment.

Note:

(i) Provided the victim was under 16 an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom. (section 72 and Sch 2).

(ii) A person convicted of this offence and sentenced to a term of imprisonment, detained in a hospital or made the subject of a community sentence of at least 12 months is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 25).

(iii) See section 21 of the Act for interpretation of the term "position of trust".

SO25

Statement Of Offence

SEXUAL ACTIVITY WITH A CHILD FAMILY MEMBER contrary to Section 25(1) and (6) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person aged 18 or over whose relation to a child under the age of 18, namely (SPECIFY AGE), was within section 27 of the Sexual Offences Act 2003, namely (SPECIFY THE RELATIONSHIP) and you knew or could reasonably be expected to know of the relationship, intentionally touched the child and the touching was sexual involving the penetration of (SPECIFY THE NATURE OF THE PENETRATION refer to note (1) for assistance)

[where child is 13 -17 insert - not reasonably believing that he or she was aged 18 or over]

Offence type: Indictable only

Penalty:

Summary: 6 months imprisonment and/or a fine not exceeding thestatutory maximum.

Indictment: 14 years imprisonment.

Note:

(i) The penetration options are: Where B is the Victim and A is the Defendant-

(a) penetration of B's anus or vagina with a part of A's body or anything else,
(b) penetration of B's mouth with A's penis,
(c) penetration of A's anus or vagina with a part of B's body, or
(d) penetration of A's mouth with B's penis.

(ii) Provided the victim was under 16 an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom. (section 72 and Sch 2).

(iii) A person convicted of this offence and aged 18 or over is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 26).

SO25A

Statement Of Offence

SEXUAL ACTIVITY WITH A CHILD FAMILY MEMBER contrary to Section 25(1) and (5) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person under the age of 18, namely (SPECIFY AGE), whose relation to a child under the age of 18, namely (SPECIFY AGE), was within section 27 of the Sexual Offences Act 2003, namely (SPECIFY THE RELATIONSHIP) and you knew or could reasonably be expected to know of the relationship, intentionally touched the child and the touching was sexual.

[where child is 13 -17 insert - not reasonably believing that he or she was aged 18 or over]

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine not exceeding thestatutory maximum.

Indictment: 5 years imprisonment.

Note:

(i) Provided the victim was under 16 an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom. (section 72 and Sch 2).

(ii) A person convicted of this offence and aged 18 or over is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 26).

SO25N

Statement Of Offence

SEXUAL ACTIVITY WITH A CHILD FAMILY MEMBER contrary to Section 25(1) and (6) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person aged 18 or over whose relation to a child under the age of 18, namely (SPECIFY AGE), was within section 27 of the Sexual Offences Act 2003, namely (SPECIFY THE RELATIONSHIP) and you knew or could reasonably be expected to know of the relationship, intentionally touched the child and the touching was sexual.

[where child is 13 -17 insert - not reasonably believing that he or she was aged 18 or over]

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine not exceeding thestatutory maximum.

Indictment: 14 years imprisonment.

Note:

(i) Provided the victim was under 16 an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom. (section 72 and Sch 2).

(ii) A person convicted of this offence and aged 18 or over is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 26).

SO26

Statement Of Offence

INCITING A CHILD FAMILY MEMBER TO ENGAGE IN SEXUAL ACTIVITY contrary to Section 26(1) and (6) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ............... .....

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person aged 18 or over whose relation to a child under the age of 18, namely (SPECIFY AGE), was within section 27 of the Sexual Offences Act 2003, namely (SPECIFY THE RELATIONSHIP) and you knew or could reasonably be expected to know of the relationship, intentionally

(A) incited the child to touch you
(B) allowed yourself to be touched by the child

and the touching was sexual involving the penetration of (SPECIFY THE NATURE OF THE PENTRATION refer to note (i) for assistance)

[where child is 13 -17 insert - not reasonably believing that he or she was aged 18 or over]

Offence type: Indictable only.

Penalty: Indictment: 14 years imprisonment.

Note:

(i) The penetration options are: Where B is the Victim and A is the Defendant -

(a) penetration of B's anus or vagina with a part of A's body or anything else,
(b) penetration of B's mouth with A's penis,
(c) penetration of A's anus or vagina with a part of B's body, or
(d) penetration of A's mouth with B's penis.

(ii) Provided the victim was under 16 an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom. (section 72 and Sch 2).

(iii) A person convicted of this offence and aged 18 or over is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 26).

SO26A

Statement Of Offence

INCITING A CHILD FAMILY MEMBER TO ENGAGE IN SEXUAL ACTIVITY contrary to Section 26(1) and (5) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ............... .....

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person under the age of 18, namely (SPECIFY AGE), whose relation to a child under the age of 18, namely (SPECIFY AGE), was within section 27 of the Sexual Offences Act 2003, namely (SPECIFY THE RELATIONSHIP) and you knew or could reasonably be expected to know of the relationship, intentionally

(A) incited the child to touch you
(B) allowed yourself to be touched by the child

and the touching was sexual.

[where child is 13 -17 insert - not reasonably believing that he or she was aged 18 or over]

Offence type: Either way.

Penalty: Summary: 6 months imprisonment and/or a fine

Indictment: 14 years imprisonment.

(i) Provided the victim was under 16 an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom. (section 72 and Sch 2).

(ii) A person convicted of this offence and aged 18 or over is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 26).

SO26N

Statement Of Offence

INCITING A CHILD FAMILY MEMBER TO ENGAGE IN SEXUAL ACTIVITY contrary to Section 26(1) and (4) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of ....................

(SPECIFY DEFENDANT'S NAME), being a person aged 18 or over whose relation to a child under the age of 18, namely (SPECIFY AGE), was within section 27 of the Sexual Offences Act 2003, namely (SPECIFY THE RELATIONSHIP) and you knew or could reasonably be expected to know of the relationship, intentionally

(A) incited the child to touch you
(B) allowed yourself to be touched by the child

and the touching was sexual.

[where child is 13 -17 insert - not reasonably believing that he or she was aged 18 or over]

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine.

3Indictment: 14 years imprisonment.

Note:

(i) Provided the victim was under 16 an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom. (section 72 and Sch 2).

(ii) A person convicted of this offence and aged 18 or over is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 26).

SO30

Statement Of Offence

SEXUAL ACTIVITY WITH A PERSON WITH A MENTAL DISORDER IMPEDING CHOICE, contrary to sections 30 (1) and (3) Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ............... .....

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally touched another, namely (SPECIFY NAME if appropriate), and the touching was sexual involving the penetration of (SPECIFY NATURE OF PENETRATION refer to note (i) for assistance)

and he or she was unable to refuse because of or for a reason related to a mental disorder which you knew or could be reasonably be expected to have known that he or she has a mental disorder and that because of it, or for a reason related to it he or she was likely to be unable to refuse.

Offence type: Indictable only

Penalty: Life Imprisonment

Notes:

i. The penetration options are: Where B is the Victim and A is the Defendant.

(a) penetration of B's anus or vagina with a part of A's body or anything else,
b) penetration of B's mouth with A's penis,
(c) penetration of A's anus or vagina with a part of B's body, or
(d) penetration of A's mouth with B's penis,

ii. For the meaning of 'unable to refuse', see section 30 (2).

iii. Provided the victim was under 16, an act done by a person in a country or territory

outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72 and Sch 2)

iv. A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 27)

SO30N

Statement Of Offence

SEXUAL ACTIVITY WITH A PERSON WITH A MENTAL DISORDER IMPEDING CHOICE, contrary to sections 30(1) and (4) Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ............... .....

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally touched another, namely (SPECIFY NAME if appropriate), and the touching was sexual and he or she was unable to refuse because of or for a reason related to a mental disorder which you knew or could reasonably be expected to have known that he or she has a mental disorder and that because of it or for a reason related to it he or she was likely to be unable to refuse.

Offence Type: Either Way

Penalty:

Summary: 6 months imprisonment and /or a fine not exceeding the statutory maximum

Indictment: 14 years imprisonment.

Notes:

i. For the meaning of 'unable to refuse', see section 30 (2).

ii. Provided the victim was under 16, an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72 and Sch 2)

iii. A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 27)

SO31

Statement Of Offence

CAUSING OR INCITING A PERSON WITH A MENTAL DISORDER IMPEDING CHOICE TO ENGAGE IN SEXUAL ACTIVITY contrary to sections 31(1) and (3) of the Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ............... .....

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally

(A) caused
(B) incited

another, namely (SPECIFY NAME if appropriate), to engage in sexual activity which involved the penetration of (SPECIFY NATURE OF PENETRATION refer to note (i) for assistance)

and that he or she was unable to refuse because of or for a reason related to a mental disorder which you knew or could reasonably be expected to have known that he or she has a mental disorder and that because of it or for a reason related to it he or she was likely to be unable to refuse.

Offence Type: Either way

Penalty: Life imprisonment

Notes:

i. The penetration options are: Where B is the Victim -

(a) penetration of B's anus or vagina,
(b) penetration of B's mouth with a person's penis,
(c) penetration of a person's anus or vagina with a part of B's body or by B with anything else, or
(d) penetration of a person's mouth with B's penis,

ii For the meaning of 'unable to refuse', see section 30 (2).

iii Provided the victim was under 16, an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72 and Sch 2)

iv A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 27)

SO31N

Statement Of Offence

CAUSING OR INCITING A PERSON, WITH A MENTAL DISORDER IMPEDING CHOICE, TO ENGAGE IN SEXUAL ACTIVITY contrary to section 31(1) and (4) of the Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally

(A) caused
(B) incited

another, namely (SPECIFY NAME if appropriate), to engage in a sexual activity and he or she was unable to refuse because of or for a reason related to a mental disorder, which you knew or could reasonably be expected to have known that he or she has a mental disorder and that because of it or for a reason related to it he or she was likely to be unable to refuse.

Offence Type: Either Way

Penalty:

Summary: 6 months imprisonment and /or a fine.

Indictment: 14 years imprisonment

Notes:

i. For the meaning of 'unable to refuse', see sub-section (2).

ii. Provided the victim was under 16, an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72 and Sch 2)

iii. A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 27)

SO32

Statement Of Offence

ENGAGING IN SEXUAL ACTIVITY IN THE PRESENCE OF A PERSON WITH A MENTAL DISORDER IMPEDING CHOICE contrary to section 32(1) of the Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), for the purpose of sexual gratification, intentionally engaged in sexual activity when another, namely (SPECIFY NAME if appropriate),

(A) was present
(B) was in a place from which you could be observed

and you knew or believed that he or she was aware of you, or intended that he or she should be aware and that he or she was unable to refuse because of or for a reason related to a mental disorder and you knew or could reasonably be expected to have known that he or she has a mental disorder and that because of it or for a reason related to it he or she was likely to be unable to refuse.

Offence Type: Either way.

Penalty: Summary: 6 months imprisonment and/ or fine.

Indictment: 10 years imprisonment.

Notes:

i. For the meaning of 'unable to refuse', see sub-section (2).

ii. Provided the victim was under 16, an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72 and Sch 2)

iii. A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 27)

SO33

Statement Of Offence

CAUSING A PERSON, WITH A MENTAL DISORDER IMPEDING CHOICE, TO WATCH A SEXUAL ACT contrary to section 33(1) Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), for the purpose of sexual gratification intentionally caused another namely, (SPECIFY NAME if appropriate),

(A) to watch a third person
(B) to look at an image of any person

engaging in a sexual activity and he or she was unable to refuse because of or for a reason related to a mental disorder, and you knew or could reasonably be expected to have known that he or she has a mental disorder and that because of it or for a reason related to it he or she was likely to be unable to refuse.

Offence Type: Either way

Penalty:

Summary: 6 months and/ or fine

Indictment: 10 Years imprisonment.

Notes:

i. For the meaning of 'unable to refuse', see sub-section (2).

ii. Provided the victim was under 16, an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72 and Sch 2)

iii. A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 27)

SO34

Statement Of Offence

INDUCEMENT, THREAT OR DECEPTION TO PROCURE SEXUAL ACTIVITY WITH A PERSON WITH A MENTAL DISORDER, contrary to sections 34 (1) and (2) Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally touched another, namely (SPECIFY NAME if appropriate), and the touching was sexual involving the penetration of (SPECIFY NATURE OF PENETRATION refer to note (i) for assistance), and for that purpose, you obtained his or her agreement by

(A) offering or giving an inducement, namely (SPECIFY INDUCEMENT)
(B) making a threat, namely (SPECIFY THREAT)
(C) practising a deception, namely (SPECIFY DECEPTION)

and he or she has a mental disorder, and you knew or could reasonably be expected to have known that he or she has a mental disorder.

Offence type: Indictable only

Penalty: Indictment: Life imprisonment.

Notes:

i. The penetration options are: Where B is the Victim and A is the Defendant -

(a) penetration of B's anus or vagina with a part of A's body or anything else,
(b) penetration of B's mouth with A's penis,
(c) penetration of A's anus or vagina with a part of B's body, or
(d) penetration of A's mouth with B's penis,

ii. Provided the victim was under 16, an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72 and Sch 2)

iii. A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 27)

SO34N

Statement Of Offence

INDUCMENT, THREAT OR DECEPTION TO PROCURE SEXUAL ACTIVITY WITH A PERSON WITH A MENTAL DISORDER contrary to section 34(1) of the Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally touched another namely, (SPECIFY NAME if appropriate), and the touching was sexual and for that purpose, obtained his or her agreement by

(A) offering or giving an inducement, namely (SPECIFY INDUCEMENT)
(B) making a threat, namely (SPECIFY THREAT)
(C) practising a deception, namely (SPECIFY DECEPTION)

and he or she has a mental disorder, and you knew or could reasonably be expected to have known that he or she has a mental disorder.

Offence Type: Either Way

Penalty:

Summary: 6 months imprisonment and/or fine

Indictment: 14 years imprisonment

Notes:

i. Provided the victim was under 16, an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72 and Sch 2)

ii. A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 27)

SO35

Statement Of Offence

CAUSING A PERSON WITH A MENTAL DISORDER TO ENGAGE IN OR AGREE TO ENGAGE IN SEXUAL ACTIVITY BY INDUCEMENT, THREAT OR DECEPTION contrary to sections 35 (1) and (2) Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally caused another namely (SPECIFY NAME if appropriate) to

(A) engage
(B) agree to engage

in a sexual activity and that activity involved the penetration of (SPECIFY NATURE OF PENETRATION refer to note (i) for assistance) and for that purpose, you obtained his or her agreement by

(C) offering or giving an inducement, namely (SPECIFY INDUCEMENT)
(D) making a threat, namely (SPECIFY THREAT)
(E) practising a deception, namely (SPECIFY DECEPTION)

and he or she has a mental disorder, and you knew or could reasonably be expected to have known that he or she has a mental disorder.

Offence Type: Indictable only

Penalty: Indictment: Life imprisonment

Notes:

i. The penetration options are: Where B is the Victim -

(a) penetration of B's anus or vagina,
(b) penetration of B's mouth with a person's penis,
(c) penetration of a person's anus or vagina with a part of B's body or by B with anything else, or
(d) penetration of a person's mouth with B's penis,

ii. Provided the victim was under 16, an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72 and Sch 2)

iii. A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 27)

SO35N

Statement Of Offence

CAUSING A PERSON WITH A MENTAL DISORDER TO ENGAGE IN OR AGREE TO SEXUAL ACTIVITY BY INDUCEMENT, THREAT OR DECEPTION, contrary to section 35 (1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally caused another, namely (SPECIFY NAME if appropriate) to

(A) engage
(B) agree to engage

in a sexual activity and for that purpose obtained his or her agreement by

(C) offering or giving an inducement, namely (SPECIFY INDUCEMENT)
(D) making a threat, namely (SPECIFY THREAT)
(E) practising a deception, namely (SPECIFY DECEPTION)

and he or she has a mental disorder, and you knew or could reasonably be expected to have known that he or she has a mental disorder.

Offence Type: Either way offence

Penalty:

Summary: 6 months imprisonment and/or fine

Indictment: 14 years imprisonment

Notes:

i. Provided the victim was under 16, an act done by a person in a country or

territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72 and Sch 2)

ii. A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 27)

SO36

Statement Of Offence

ENGAGING IN SEXUAL ACTIVITY IN THE PRESENCE, PROCURED BY INDUCEMENT, THREAT OR DECEPTION, OF A PERSON WITH A MENTAL DISORDER, contrary to section 36(1) of the Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally engaged in a sexual activity and for the purpose of sexual gratification, another namely (SPECIFY NAME if appropriate)

(A) was present
(B) was in a place from which you could be observed

and you knew or believed that he or she was aware, or intended that he or she should be aware of the sexual activity you were engaged in, and you obtained his or her agreement by

(C) offering or giving an inducement, namely (SPECIFY INDUCEMENT)
(D) making a threat, namely (SPECIFY THREAT)
(E) practising a deception, namely (SPECIFY DECEPTION)

and he or she has a mental disorder and you knew or could reasonably be expected to have known that he or she has a mental disorder.

Offence Type: Either way

Penalty: Summary: 6 months imprisonment and/or a fine

Indictment: 10 years imprisonment.

Notes:

i. Provided the victim was under 16, an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72 and Sch 2)

ii. A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 27)

SO37

Statement Of Offence

CAUSING A PERSON WITH A MENTAL DISORDER TO WATCH A SEXUAL ACT BY INDUCEMENT, THREAT OR DECEPTION, contrary to section 37(1) of the Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), for the purpose of sexual gratification, intentionally caused another namely, (SPECIFY NAME if appropriate) to

(A) watch a third person
(B) look at an image of any person

engaging in a sexual activity and you obtained his or her agreement by

(C) offering or giving an inducement, namely (SPECIFY INDUCEMENT)
(D) making a threat, namely (SPECIFY THREAT)
(E) practising a deception, namely (SPECIFY DECEPTION)

and he or she has a mental disorder and you knew or could reasonably be expected to have known that he or she has a mental disorder.

Offence Type: Either way

Penalty: Summary: 6 months imprisonment and/or fine

Indictment: 10 years imprisonment

Notes:

i. Provided the victim was under 16, an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72 and Sch 2)

ii. A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 27)

SO38

Statement Of Offence

CARE WORKERS: SEXUAL ACTIVITY WITH A PERSON WITH A MENTAL DISORDER, contrary sections 38 (1) and (3) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally touched another namely, (SPECIFY NAME if appropriate) and the touching was sexual involving the penetration of (SPECIFY NATURE OF PENETRATION refer to note (i) for assistance) and he or she has a mental disorder which you knew or could reasonably be expected to have known that he or she has a mental disorder, and you were involved in his or her care in a way that falls within section 42 of the Sexual Offences Act 2003.

Offence Type: Indictable only

Penalty: Indictment: 14 years imprisonment

Notes:

i. The penetration options are: Where B is the Victim and A is the Defendant -

(a) penetration of B's anus or vagina with a part of A's body or anything else,
(b) penetration of B's mouth with A's penis,
(c) penetration of A's anus or vagina with a part of B's body, or
(d) penetration of A's mouth with B's penis,

ii. Provided the victim was under 16, an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72 and Sch 2)

iii. A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 27)

SO38N

Statement Of Offence

CARE WORKERS: SEXUAL ACTIVITY WITH A PERSON WITH A MENTAL DISORDER, contrary to section 38 (1) and (4) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally touched another, namely (SPECIFY NAME if appropriate), and the touching was sexual and he or she had a mental disorder which you knew, or could reasonably be expected to have known that he or she has a mental disorder and you were involved in his or her care in a way that falls within section 42 of the Sexual Offences Act 2003.

Offence type: Either way

Penalty: Summary: 6 months imprisonment and/or fine

Indictment: 10 years imprisonment

Notes:

i. Provided the victim was under 16, an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72 and Sch 2)

ii. A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 27)

SO39

Statement Of Offence

CARE WORKERS: CAUSING OR INCITING SEXUAL ACTIVITY, contrary to section 39 (1) and (3) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally

(A) caused
(B) incited

another, namely (SPECIFY NAME if appropriate) to engage in a sexual activity which involved the penetration of (SPECIFY NATURE OF PENETRATION refer to note (i) for assistance) and that he or she has a mental disorder which you knew, or could reasonably be expected to have known that he or she has a mental disorder and you were involved in his or her care in a way that falls within section 42 of the Sexual Offences Act 2003.

Type of offence: Indictable only

Penalty: 14 years imprisonment

Notes:

i. The penetration options are: Where B is the Victim -

(a) penetration of B's anus or vagina,
(b) penetration of B's mouth with a person's penis,
(c) penetration of a person's anus or vagina with a part of B's body or by B with anything else, or
(d) penetration of a person's mouth with B's penis,

ii. Provided the victim was under 16, an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72 and Sch 2)

iii. A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 27)

SO39N

Statement Of Offence

CARE WORKERS: CAUSING OR INCITING SEXUAL ACTIVITY, contrary to section 39 (1) and (4) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally

(A) caused
(B) incited

another, namely (SPECIFY NAME if appropriate) to engage in sexual activity and that he or she has a mental disorder which you knew, or could reasonably be expected to have known that he or she has a mental disorder and that you were involved in his or her care in a way that falls with section 42 of the Sexual Offences Act 2003.

Offence Type: Either way

Penalty:

Summary: 6 months imprisonment and /or fine

Indictment: 10years imprisonment.

Notes:

i. Provided the victim was under 16, an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72 and Sch 2)

ii. A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 27)

SO40

Statement Of Offence

CARE WORKERS: SEXUAL ACTIVITY IN THE PRESENCE OF A PERSON WITH A MENTAL DISORDER, contrary to section 40 Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), for the purpose of sexual gratification, intentionally engaged in sexual activity when another, namely (SPECIFY NAME if appropriate)

(A) was present
(B) was in a place from which you could be observed

and you knew or believed that he or she was aware of you, or intended that he or she should be aware of you and that he or she has a mental disorder which you knew, or could reasonably be expected to have known that he or she has a mental disorder and you were involved in his or her care in a way that falls within section 42 of the Sexual Offences Act 2003.

Type of offence: Either way

Penalty:

Summary: 6 months imprisonment and/or fine

Indictment: 7 years imprisonment

Notes:

i. Provided the victim was under 16, an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72 and Sch 2)

ii. A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 27)

SO41

Statement Of Offence

CARE WORKERS: CAUSING A PERSON WITH A MENTAL DISORDER TO WATCH A SEXUAL ACT, contrary to section 41(1) of the Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), for the purpose of sexual gratification, intentionally caused another, namely (SPECIFY NAME if appropriate)

(A) to watch a third person
(B) to look at an image of any person

engaging in a sexual activity and he or she has a mental disorder which you knew, or could reasonably be expected to have known that he or she has a mental disorder and that you were involved in his or her care in a way that falls within section 42 of the Sexual Offences Act 2003.

Type of offence: Either way

Penalty:

Summary: 6 months imprisonment and/or fine

Indictment: 7 years imprisonment

Notes:

i. Provided the victim was under 16, an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom (section 72 and Sch 2)

ii. A person convicted of this offence is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 27)

SO47

Statement Of Offence

PAYING FOR SEXUAL SERVICES OF A CHILD contrary to Section 47(1) and (5) of the Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally obtained the sexual services of a child under the age of 18, namely (SPECIFY AGE [16 or 17]) and before obtaining those services you

(A) made
(B) promised
(C) knew that another had made
(D) knew that another had promised

payment for those services to the child, or a third person not reasonably believing that the child was aged 18 or over.

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine not exceeding the statutory maximum.

Indictment: 7 years imprisonment.

Note:

(i) Provided the victim was under 16 an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom. (section 72 and Sch 2).

(ii) A person of 18 or over convicted this offence, or has been sentenced to a term of imprisonment of at least 12 months is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 29).

SO47A

Statement Of Offence

PAYING FOR SEXUAL SERVICES OF A CHILD contrary to Section 47(1) and (4) of the Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally obtained for yourself the sexual services of a child under the age of 16, namely (SPECIFY AGE [13 -16]) and before obtaining those services you

(A) made
(B) promised
(C) knew that another had made
(D) knew that another had promised

payment for those services to the child, or a third person, not reasonably believing that the child was aged 18 or over.

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine not exceeding the statutory maximum.

Indictment: 14 years imprisonment.

Note:

(i) Provided the victim was under 16 an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom. (section 72 and Sch 2).

(ii) A person of 18 or over convicted this offence, or has been sentenced to a term of imprisonment of at least 12 months is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 29).

SO47C

Statement Of Offence

PAYING FOR SEXUAL SERVICES OF A CHILD contrary to Section 47(1) and (3) of the Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally obtained for yourself the sexual services of a child under 13, namely (SPECIFY AGE) and before obtaining those service you

(A) made
(B) promised
(C) knew that another had made
(D) knew that another had promised

payment for those services to the child, or a third person and involved the penetration of (SPECIFY NATURE OF PENTRATION refer to note (i) for assistance)

Offence type: Indictable only.

Penalty: Indictment: Life imprisonment.

Note:

(i) The penetration options are: Where B is the Victim and A is the Defendant -

(a) penetration of B's anus or vagina with a part of A's body or anything else,
(b) penetration of B's mouth with A's penis,
(c) penetration of A's anus or vagina with a part of B's body or by B with anything else, or
(d) penetration of A's mouth with B's penis.

(ii) Provided the victim was under 16 an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom. (section 72 and Sch 2).

(iii) A person of 18 or over convicted this offence, or has been sentenced to a term of imprisonment of at least 12 months is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 29).

SO47D

Statement Of Offence

PAYING FOR SEXUAL SERVICES OF A CHILD contrary to Section 47(1) and (4) of the Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally obtained for yourself the sexual services of a child under 16, namely (SPECIFY AGE [13-15]) and before obtaining those service you

(A) made
(B) promised
(C) knew that another had made
(D) knew that another had promised

payment for those services to the child, or a third person and involved the penetration of (SPECIFY NATURE OF PENTRATION refer to note (i) for assistance) not reasonably believing that the child was aged 18 or over.

Offence type: Indictable only.

Penalty: 14 years imprisonment.

Note:

(i) The penetration options are: Where B is the Victim and A is the Defendant -

(a) penetration of B's anus or vagina with a part of A's body or anything else,
(b) penetration of B's mouth with A's penis,
(c) penetration of A's anus or vagina with a part of B's body or by B with anything else, or
(d) penetration of A's mouth with B's penis.

(ii) Provided the victim was under 16 an act done by a person in a country or territory outside the United Kingdom which, constituted an offence under the law in force in that country or territory, and would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland, constitutes that sexual offence under the law of that part of the United Kingdom, and provided that person was on 01/09/1997, or who has since become a British citizen or resident in the United Kingdom he/she may have proceedings brought against them in the United Kingdom. (section 72 and Sch 2).

(iii) A person of 18 or over convicted this offence, or has been sentenced to a term of imprisonment of at least 12 months is subject to notification and orders as provided by section 80 of the Act. (Sch 3 paragraph 29).

SO48

Statement Of Offence

CAUSING OR INCITING CHILD PROSTITUTION OR PORNOGRAPHY contrary to Section 48(1) of the Sexual Offences Act 2003.

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally

(A) caused
(B) incited

a child under the age of 18, namely (SPECIFY AGE),

(C) to become a prostitute
(D) to be involved in pornography

in any part of the world

[Where child is 13 -17 insert - not reasonably believing that he or she was aged 18 or over]

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine not exceeding thestatutory maximum.

Indictment: 14 years imprisonment.

Note:

(i) this offence can be committed anywhere in the world.

(ii) It is a defence in respect of children aged between 14 and 17 years, if the defendant reasonably believed that the child was 18 or over.

(iii) "Prostitute" and "involved in pornography" is interpreted in section 51.

SO49

Statement Of Offence

CONTROLLING A CHILD PROSTITUTE OR A CHILD INVOLVED IN PORNOGRAPHY contrary to Section 49 (1) of the Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally controlled any of the activities of a child under the age of 18, namely (SPECIFY AGE), relating to his or her

(A) prostitution
(B) involvement in pornography

in any part of the world

[Where child is 13 -17 insert - not reasonably believing that he or she was aged 18 or over]

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine

Indictment: 14 years imprisonment.

Note:

(i) It is a defence in respect of children aged between 14 and 17 years, if the defendant reasonably believed that the child was 18 or over.

(ii) See section 51 for the meaning of "Prostitution" and "involved in pornography".

SO50

Statement Of Offence

ARRANGING OR FACILITATING CHILD PROSTITUTION OR PORNOGRAPHY contrary to Section 50 (1) of the Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally

(A) arranged
(B) facilitated

the

(C) prostitution
(D) involvement in pornography

of a child under the age of 18, namely (SPECIFY AGE) in any part of the world

[Where child is 13 -17 insert - not reasonably believing that he or she was aged 18 or over]

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine

Indictment: 14 years imprisonment.

Note:

(i) It is a defence in respect of children aged between 14 and 17 years, if the defendant reasonably believed that the child was 18 or over.

(ii) "Prostitution" and "involved in pornography" is interpreted in section 51.

SO52

Statement Of Offence

CAUSING OR INCITING PROSTITUTION FOR GAIN contrary to Section 52(1) of the Sexual Offences Act 2003

Particulars Of Offence

on the ...... day of ....................

or

on a day between the ...... day of .................... and the ...... day of .................

(SPECIFY DEFENDANT'S NAME), intentionally

(A) caused
(B) incited

another, namely (SPECIFY NAME), to become a prostitute in any part of the world, for or in the expectation of gain for yourself or a third person.

Offence type: Either way.

Penalty:

Summary: 6 months imprisonment and/or a fine not exceeding the

Indictment: 7 years imprisonment.