{
  "url": "https://openlegislation.uk/sexual-offences-scotland-act-2009/section-5",
  "json_url": "https://openlegislation.uk/sexual-offences-scotland-act-2009/section-5.json",
  "legislation": "asp/2009/9",
  "legislation_title": "Sexual Offences (Scotland) Act 2009",
  "legislation_url": "https://openlegislation.uk/sexual-offences-scotland-act-2009",
  "path": "section/5",
  "kind": "section",
  "number": "5",
  "heading": "Coercing a person into being present during a sexual activity",
  "text": "(1) If a person (“A”)—\n(a) without another person (“B”) consenting, and\n(b) without any reasonable belief that B consents,\neither intentionally engages in a sexual activity and for a purpose mentioned in subsection (2) does so in the presence of B or intentionally and for a purpose mentioned in that subsection causes B to be present while a third person engages in such an activity, then A commits an offence, to be known as the offence of coercing a person into being present during a sexual activity.\n(2) The purposes are—\n(a) obtaining sexual gratification,\n(b) humiliating, distressing or alarming B.\n(3) Without prejudice to the generality of subsection (1), the reference in that subsection—\n(a) to A engaging in a sexual activity in the presence of B, includes a reference to A engaging in it in a place in which A can be observed by B other than by B looking at an image, and\n(b) to B being present while a third person engages in such an activity, includes a reference to B being in a place from which the third person can be so observed by B.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2009/9/section/5",
    "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."
}