Paragraph 16 Sexual Offences Act 2003I1I2

The Sexual Offences Act 2003 is amended as follows.

In section 78 (meaning of “sexual”), after “15A” insert “, 66B to 66D”.

In section 136A(3A) (specified child sex offences), in paragraph (c), after “66” insert “, 66A, 66B(2) and (3)”.

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

“33A

An offence under section 66A of this Act (sending etc photograph or film of genitals) 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.

33B

An offence under section 66B(3) of this Act (sharing 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.”