Sexual activity directed at another person
48 Sexual activity directed at another person
A person (A) commits an offence if—
A engages in an activity; and
the activity is sexual; and
another person (B) sees the activity or a part of the activity; and
A knows that B will see, or will probably see, the activity or a part of the activity; and
A—
intends that B will experience fear or distress from seeing the activity or a part of the activity; or
knows that B will experience, or will probably experience, fear or distress from seeing the activity or a part of the activity.
A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).
Note
A mistaken but honest and reasonable belief that the activity was not sexual is not a defence to this offence—see section 48B.
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