# Sexual Offences Act 2003, Paragraph 43

Extent: E+W

(1) The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In section 109 (life sentence for second serious offence), in subsection (5), after paragraph (f) insert—
“(fa) an offence under section 1 or 2 of the Sexual Offences Act 2003 (in this section, “the 2003 Act”) (rape, assault by penetration);
(fb) an offence under section 4 of the 2003 Act (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;
(fc) an offence under section 5 or 6 of the 2003 Act (rape of a child under 13, assault of a child under 13 by penetration);
(fd) an offence under section 8 of the 2003 Act (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;
(fe) an offence under section 30 of the 2003 Act (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;
(ff) an offence under section 31 of the 2003 Act (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;
(fg) an attempt to commit an offence within any of paragraphs (fa) to (ff);”.
(4) In section 161 (definition of “sexual offence” etc.), in subsection (2)—
(a) after paragraph (f) insert—
“(fa) an offence under any provision of Part 1 of the Sexual Offences Act 2003 except section 52, 53 or 71;”;
(b) in paragraph (g), for “(a) to (f)” substitute “ (f) and (fa) ”.
(5) In Schedule 9 (consequential amendments), omit paragraphs 189, 190 and 193.

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Source: https://www.legislation.gov.uk/ukpga/2003/42/schedule/6/paragraph/43 (the official version)
Page: https://openlegislation.uk/sexual-offences-act-2003/schedule-6/paragraph-43
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.