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Paragraph 92VB F1F2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An offence under Article 72A of that Order (sending etc an unwanted sexual image) if—

(a)

the offence was committed for the purpose mentioned in Article 72A(3)(a) (sexual gratification), and

(b)

the relevant condition is met.

(2)

Where the offender was under 18, the relevant condition is that the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

(3)

In any other case, the relevant condition is that—

(a)

the victim was under 18, or

(b)

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

(i)

sentenced to a term of imprisonment,

(ii)

detained in a hospital, or

(iii)

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

Annotations

Textual amendments

F1

Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F2

Sch. 3 paras. 92VA, 92VB inserted (27.11.2023) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), s. 30(2), Sch. 1 para. 4; S.R. 2023/188, art. 3(b)

Notes on Schedule 3

Modifications

C1

Sch. 3 modified (28.6.2022) by 2007 c. 21, s. 28(4ZA) (as inserted by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 146(c), 208(5)(p))

C2

Sch. 3 modified (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 25(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)