# Sexual Offences (Scotland) Act 2009, Schedule 2: Penalties


Offence
Section introducing offence
Maximum penalty on summary conviction
Maximum penalty on conviction on indictment
Rape
Section 1
Life imprisonment and a fine
Sexual assault by penetration
Section 2
Life imprisonment and a fine
Sexual assault
Section 3
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Life imprisonment or a fine (or both)
Sexual coercion
Section 4
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Life imprisonment or a fine (or both)
Coercing a person into being present during a sexual activity
Section 5
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 10 years or a fine (or both)
Coercing a person into looking at a sexual image
Section 6
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 10 years or a fine (or both)
Communicating indecently
Section 7(1)
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 10 years or a fine (or both)
Causing a person to see or hear an indecent communication
Section 7(2)
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 10 years or a fine (or both)
Sexual exposure
Section 8
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 5 years or a fine (or both)
Voyeurism
Section 9
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 5 years or a fine (or both)
Administering a substance for sexual purposes
Section 11
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 5 years or a fine (or both)
Rape of a young child
Section 18
Life imprisonment and a fine
Sexual assault on a young child by penetration
Section 19
Life imprisonment and a fine
Sexual assault on a young child
Section 20
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Life imprisonment or a fine (or both)
Causing a young child to participate in a sexual activity
Section 21
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Life imprisonment or a fine (or both)
Causing a young child to be present during a sexual activity
Section 22
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 10 years or a fine (or both)
Causing a young child to look at a sexual image
Section 23
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 10 years or a fine (or both)
Communicating indecently with a young child
Section 24(1)
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 10 years or a fine (or both)
Causing a young child to see or hear an indecent communication
Section 24(2)
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 10 years or a fine (or both)
Sexual exposure to a young child
Section 25
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 10 years or a fine (or both)
Voyeurism towards a young child
Section 26
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 10 years or a fine (or both)
Having intercourse with an older child
Section 28
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 10 years or a fine (or both)
Engaging in penetrative sexual activity with or towards an older child
Section 29
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 10 years or a fine (or both)
Engaging in sexual activity with or towards an older child
Section 30
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 10 years or a fine (or both)
Causing an older child to participate in a sexual activity
Section 31
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 10 years or a fine (or both)
Causing an older child to be present during a sexual activity
Section 32
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 5 years or a fine (or both)
Causing an older child to look at a sexual image
Section 33
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 5 years or a fine (or both)
Communicating indecently with an older child
Section 34(1)
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 5 years or a fine (or both)
Causing an older child to see or hear an indecent communication
Section 34(2)
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 5 years or a fine (or both)
Sexual exposure to an older child
Section 35
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 5 years or a fine (or both)
Voyeurism towards an older child
Section 36
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 5 years or a fine (or both)
Engaging while an older child in sexual conduct with or towards another older child
Section 37(1)
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 10 years or a fine (or both)
Engaging while an older child in consensual sexual conduct with another older child
Section 37(4)
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 10 years or a fine (or both)
Sexual abuse of trust
Section 42
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 5 years or a fine (or both)
Sexual abuse of trust of a mentally disordered person
Section 46
Imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both)
Imprisonment for a term not exceeding 5 years or a fine (or both).

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Source: https://www.legislation.gov.uk/asp/2009/9/schedule/2 (the official version)
Page: https://openlegislation.uk/sexual-offences-scotland-act-2009/schedule-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.