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Section 78 “Sexual”

England and Wales

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

F1For the purposes of this Part (F2except sections 15A F3, 66B to 66D F4, 69 and 71 ), penetration, touching or any other activity is sexual if a reasonable person would consider that—

(a)

whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or

(b)

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

Annotations

Textual amendments

F1

Ss. 78,79 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(f), Sch. 3; S.R. 2008/510, art. 2

F2

Words in s. 78 substituted (3.4.2017) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 63; S.I. 2017/511, reg. 2(b)(i)

F3

Words in s. 78 inserted (31.1.2024) by Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 16(2); S.I. 2024/31, reg. 2

F4

Word in s. 78 inserted (29.9.2026) by Crime and Policing Act 2026 (c. 20), ss. 114(3), 255(1); S.I. 2026/960, reg. 3(a)