engaging in sexual activity in the presence of a child

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It is a criminal offence under section 11 of the Sexual Offences Act 2003 for a person over the age of 18 to engage in sexual activity when a person under the age of 16 (child) is present or is in a place from which the sexual activity can be observed, and the defendant knows or believes that the child is aware, or the defendant is intending that the child should be aware, that the defendant is engaging in the sexual activity. If the child is between the ages of 13 and 16, the defendant's mistaken belief that the child is over the age of 16 will negate his liability, providing that belief is both honestly held and reasonable. If the child is under the age of 13, his mistaken belief that the child is over 16 will not negate his liability, irrespective of whether that belief is honestly held and reasonable. The maximum sentence is 10 years' imprisonment.

Subjects: Law.

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