Paragraph 16 I1

In Schedule 3 (sexual offences for purposes of Part 2), after paragraph 33A insert—

“33AA

An offence under section 66AB(3) of this Act (taking or recording intimate photograph or film for purpose of obtaining sexual gratification) if—

(a)

where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)

in any other case—

(i)

the victim was under 18, or

(ii)

the offender, in respect of the offence or finding, is or has been—

(a)

sentenced to a term of imprisonment,

(b)

detained in a hospital, or

(c)

made the subject of a community sentence of at least 12 months.

33AB

(1)

An offence under section 66AD(2) of this Act (installing etc. equipment to enable taking or recording of intimate photograph or film) if—

(a)

the offence was committed with the intention of enabling an offence to be committed under section 66AB(3) of this Act (taking or recording intimate photograph or film for purpose of obtaining sexual gratification), and

(b)

sub-paragraph (2) applies.

(2)

This sub-paragraph applies if—

(a)

where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)

in any other case—

(i)

the victim was under 18, or

(ii)

the offender, in respect of the offence or finding, is or has been—

(a)

sentenced to a term of imprisonment,

(b)

detained in a hospital, or

(c)

made the subject of a community sentence of at least 12 months.”