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Sexual Offences Act 2003

Sexual Offences Act 2003 s 34

s 34 Inducement, threat or deception to procure sexual activity with a person with a mental disorder

(1) A person (A) commits an offence if— (a) with the agreement of another person (B) he intentionally touches that person, (b) the touching is sexual, (c) A obtains B’s agreement by means of an inducement offered or given, a threat made or a deception practised by A for that purpose, (d) B has a mental disorder, and (e) A knows or could reasonably be expected to know that B has a mental disorder. (2) A person guilty of an offence under this section, if the touching involved— (a) penetration of B’s anus or vagina with a part of A’s body or anything else, (b) penetration of B’s mouth with A’s penis, (c) penetration of A’s anus or vagina with a part of B’s body, or (d) penetration of A’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for life. (3) Unless subsection (2) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

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