Paragraph 23 Sentencing CodeI1

England and Wales Not yet in force

(1)

The Sentencing Code is amended as follows.

(2)

In section 154A (purported intimate images to be treated as used for purposes of certain offences)—

(a)

in the heading, omit “Purported”;

(b)

for subsection (1) substitute—

“(1)

This section applies where a person commits an offence under a provision of the Sexual Offences Act 2003 which is listed in column 1 of the table in subsection (2A).”;

(c)

in subsection (2), for “The purported intimate image to which the offence relates” substitute “The item specified in column 2 of the table in relation to that offence”;

(d)

after subsection (2) insert—

“(2A)

This is the table—

Provision of the Sexual Offences Act 2003 Item

Section 66AB(1), (2) or (3) Photograph or film to which the offence relates
Section 66AE Copy of a photograph or film to which the offence relates
Section 66E Purported intimate image to which the offence relates
Section 66F Purported intimate image which is connected with the offence
Section 67A(2B) Image to which the offence relates

”

Provision of the Sexual Offences Act 2003	Item
Section 66AB(1), (2) or (3)	Photograph or film to which the offence relates
Section 66AE	Copy of a photograph or film to which the offence relates
Section 66E	Purported intimate image to which the offence relates
Section 66F	Purported intimate image which is connected with the offence
Section 67A(2B)	Image to which the offence relates

(e)

omit subsections (3) and (4).

(3)

In Part 2 of Schedule 18 (specified sexual offences for purposes of section 306), in paragraph 38, after sub-paragraph (axa) insert—

“(axaa)

section 66AB (2) (taking or recording intimate photograph or film with intent to cause alarm, distress or humiliation);

(axab)

section 66AB (3) (taking or recording intimate photograph or film for purpose of obtaining sexual gratification);

(axac)

section 66AD (2) (installing etc. equipment to enable taking or recording of intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification);”.

Annotations

Commencement

I1: Sch. 13 para. 23 not in force at Royal Assent, see s. 255(1)