Threat to commit a sexual offence
43 Threat to commit a sexual offence
S. 43 inserted by No. 74/2014 s. 4.
A person (A) commits an offence if—
A makes to another person (B) a threat to rape or sexually assault B or a third person (C); and
A intends that B will believe, or believes that B will probably believe, that A will carry out the threat.
Words or conduct may constitute a threat for the purposes of subsection (1) if by those words or that conduct an intention to do any of the following is conveyed—
to sexually penetrate or sexually touch B or C without B or C's consent;
to cause B or C, without B or C's consent, to sexually penetrate or sexually touch—
A; or
C or B (as the case requires); or
themselves; or
another person; or
S. 43(2)(b)(v) amended by No. 47/2016 s. 14(1)(a).
an animal;
S. 43(2)(c) inserted by No. 47/2016 s. 14(1)(b).
to cause B or C, without B or C's consent, to be sexually penetrated or sexually touched by another person or by an animal.
A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).
S. 43(4) substituted by No. 47/2016 s. 14(2).
For the purposes of this section, a threat may be made by words or conduct and may be explicit or implicit.
Note to s. 43 repealed by No. 47/2016 s. 14(3).
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New s. 44 inserted by No. 47/2016 s. 15.
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