{
  "url": "https://openlegislation.uk/sexual-offences-scotland-act-2009/schedule-2",
  "json_url": "https://openlegislation.uk/sexual-offences-scotland-act-2009/schedule-2.json",
  "legislation": "asp/2009/9",
  "legislation_title": "Sexual Offences (Scotland) Act 2009",
  "legislation_url": "https://openlegislation.uk/sexual-offences-scotland-act-2009",
  "path": "schedule/2",
  "kind": "schedule",
  "number": "2",
  "heading": "Penalties",
  "text": "Offence\nSection introducing offence\nMaximum penalty on summary conviction\nMaximum penalty on conviction on indictment\nRape\nSection 1\nLife imprisonment and a fine\nSexual assault by penetration\nSection 2\nLife imprisonment and a fine\nSexual assault\nSection 3\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nLife imprisonment or a fine (or both)\nSexual coercion\nSection 4\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nLife imprisonment or a fine (or both)\nCoercing a person into being present during a sexual activity\nSection 5\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 10 years or a fine (or both)\nCoercing a person into looking at a sexual image\nSection 6\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 10 years or a fine (or both)\nCommunicating indecently\nSection 7(1)\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 10 years or a fine (or both)\nCausing a person to see or hear an indecent communication\nSection 7(2)\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 10 years or a fine (or both)\nSexual exposure\nSection 8\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 5 years or a fine (or both)\nVoyeurism\nSection 9\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 5 years or a fine (or both)\nAdministering a substance for sexual purposes\nSection 11\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 5 years or a fine (or both)\nRape of a young child\nSection 18\nLife imprisonment and a fine\nSexual assault on a young child by penetration\nSection 19\nLife imprisonment and a fine\nSexual assault on a young child\nSection 20\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nLife imprisonment or a fine (or both)\nCausing a young child to participate in a sexual activity\nSection 21\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nLife imprisonment or a fine (or both)\nCausing a young child to be present during a sexual activity\nSection 22\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 10 years or a fine (or both)\nCausing a young child to look at a sexual image\nSection 23\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 10 years or a fine (or both)\nCommunicating indecently with a young child\nSection 24(1)\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 10 years or a fine (or both)\nCausing a young child to see or hear an indecent communication\nSection 24(2)\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 10 years or a fine (or both)\nSexual exposure to a young child\nSection 25\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 10 years or a fine (or both)\nVoyeurism towards a young child\nSection 26\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 10 years or a fine (or both)\nHaving intercourse with an older child\nSection 28\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 10 years or a fine (or both)\nEngaging in penetrative sexual activity with or towards an older child\nSection 29\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 10 years or a fine (or both)\nEngaging in sexual activity with or towards an older child\nSection 30\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 10 years or a fine (or both)\nCausing an older child to participate in a sexual activity\nSection 31\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 10 years or a fine (or both)\nCausing an older child to be present during a sexual activity\nSection 32\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 5 years or a fine (or both)\nCausing an older child to look at a sexual image\nSection 33\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 5 years or a fine (or both)\nCommunicating indecently with an older child\nSection 34(1)\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 5 years or a fine (or both)\nCausing an older child to see or hear an indecent communication\nSection 34(2)\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 5 years or a fine (or both)\nSexual exposure to an older child\nSection 35\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 5 years or a fine (or both)\nVoyeurism towards an older child\nSection 36\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 5 years or a fine (or both)\nEngaging while an older child in sexual conduct with or towards another older child\nSection 37(1)\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 10 years or a fine (or both)\nEngaging while an older child in consensual sexual conduct with another older child\nSection 37(4)\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 10 years or a fine (or both)\nSexual abuse of trust\nSection 42\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 5 years or a fine (or both)\nSexual abuse of trust of a mentally disordered person\nSection 46\nImprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)\nImprisonment for a term not exceeding 5 years or a fine (or both).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2009/9/schedule/2",
    "retrieved_at": "2026-10-29T20:15:36.910809+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}