Exposure

Sexual Offences Act 2003, s.66
Effective from: 01 April 2014

Triable either way

Maximum: 2 years’ custody

Offence range: Fine – 1 year’s custody

For convictions on or after 3 December 2012 (irrespective of the date of commission of the offence), this is a specified offence for the purposes of section 226A (extended sentence for certain violent or sexual offences) of the Criminal Justice Act 2003.

User guide for this offence


Step 1 – Determining the offence category

The court should determine the offence category using the table below.

Category 1

Raised harm and raised culpability

Category 2

Raised harm or raised culpability

Category 3

Exposure without raised harm or culpability factors present

The court should determine culpability and harm caused or intended, by reference only to the factors below, which comprise the principal factual elements of the offence. Where an offence does not fall squarely into a category, individual factors may require a degree of weighting before making an overall assessment and determining the appropriate offence category.

Factors indicating raised harm

  • Victim followed/pursued
  • Offender masturbated

Factors indicating raised culpability

  • Specific or previous targeting of a particularly vulnerable victim
  • Abuse of trust
  • Use of threats (including blackmail)
  • Offence racially or religiously aggravated
  • Offence motivated by, or demonstrating, hostility to the victim based on his or her sexual orientation (or presumed sexual orientation) or transgender identity (or presumed transgender identity)
  • Offence motivated by, or demonstrating, hostility to the victim based on his or her disability (or presumed disability)