Section 79 Part 1: general interpretation
England and Wales
The following apply for the purposes of this Part.
Penetration is a continuing act from entry to withdrawal.
References to a part of the body include references to a part surgically constructed (in particular, through gender reassignment surgery).
“Image” means a moving or still image and includes an image produced by any means and, where the context permits, a three-dimensional image.
“Mental disorder” has the meaning given by section 1 of the Mental Health Act 1983 (c. 20).
References to observation (however expressed) are to observation whether direct or by looking at an image.
Touching includes touching—
with any part of the body,
with anything else,
through anything,
and in particular includes touching amounting to penetration.
“Vagina” includes vulva.
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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Ss. 78,79 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(f), Sch. 3; S.R. 2008/510, art. 2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)