Section 114 Sexual activity with an animalI1I2

The Sexual Offences Act 2003 is amended in accordance with subsections (2) to (5).

For section 69 (intercourse with an animal) substitute—

“Sexual activity with an animal

69

(1)

A person commits an offence if—

(a)

the person intentionally touches an animal (whether living or dead),

(b)

the person knows that, or is reckless as to whether, that is what is touched, and

(c)

the touching is sexual.

(2)

For the purposes of this section, touching is sexual if a reasonable person would consider that—

(a)

because of its nature it may be sexual, and

(b)

because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.

(3)

A person who commits an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years.”

In section 78 (meaning of “sexual”), after “66D” insert “, 69”.

In section 79 (Part 1: general interpretation) omit subsection (10).

In paragraphs 35 and 92 of Schedule 3 (sexual offences that make offender subject to notification requirements), for “intercourse” substitute “sexual activity”.

In the following provisions, for “intercourse” substitute “sexual activity”—