OpenLegislation

Section 79 Part 1: general interpretation

England and Wales

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

(F11)

The following apply for the purposes of this Part.

(2)

Penetration is a continuing act from entry to withdrawal.

(3)

References to a part of the body include references to a part surgically constructed (in particular, through gender reassignment surgery).

(4)

“Image” means a moving or still image and includes an image produced by any means and, where the context permits, a three-dimensional image.

(5)

References to an image of a person F2(except in sections 66E, 66F F3, 66G and 66I) include references to an image of an imaginary person.

(6)

“Mental disorder” has the meaning given by section 1 of the Mental Health Act 1983 (c. 20).

(7)

References to observation (however expressed) are to observation whether direct or by looking at an image.

(8)

Touching includes touching—

(a)

with any part of the body,

(b)

with anything else,

(c)

through anything,

and in particular includes touching amounting to penetration.

(9)

“Vagina” includes vulva.

F4(10)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Ss. 78,79 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(f), Sch. 3; S.R. 2008/510, art. 2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. 79(5) inserted (6.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 138(3), 142(1); S.I. 2026/31, reg. 2

F3

Words in s. 79(5) substituted (29.6.2026) by Crime and Policing Act 2026 (c. 20), ss. 99(3), 255(1); S.I. 2026/689, reg. 2(1)(i)

F4

S. 79(10) omitted (29.9.2026) by virtue of Crime and Policing Act 2026 (c. 20), ss. 114(4), 255(1); S.I. 2026/960, reg. 3(a)