Procuring sexual act by threat
44 Procuring sexual act by threat
A person (A) commits an offence if—
A makes a threat to another person (B) that A will cause harm of any kind to B, another person or an animal; and
A intends that B will believe, or believes that B will probably believe, that A will cause that harm; and
as a result of A's threat, B or another person takes part (whether at the time the threat is made or at a later time) in a sexual act with A or another person; and
A intends that, as a result of A's threat, an outcome mentioned in paragraph (c) will occur.
A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
For the purposes of subsection (1), a threat may be made by words or conduct and may be explicit or implicit.
For the purposes of subsection (1)(c), a person who takes part in a sexual act with A or another person may or may not be the person to whom A has threatened to cause harm.
Note
See section 35C for the meaning of taking part in a sexual act.
New s. 45 inserted by No. 47/2016 s. 15.
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