Children Act 2001

Causing or encouraging sexual offence upon child.

249

249.—(1) A person is guilty of an offence if, having the custody, charge or care of a child, he or she causes or encourages unlawful sexual intercourse or buggery with the child or causes or encourages the seduction or prostitution of, or a sexual assault on, the child.

(2) A person found guilty of an offence under this section shall be liable on conviction on indictment to a fine not exceeding £25,000 or imprisonment for a term not exceeding 10 years or both.

(3) For the purposes of this section a person shall be deemed to have caused or encouraged—

( a) unlawful sexual intercourse or buggery with any child with whom unlawful sexual intercourse or buggery has taken place, or

( b) the seduction or prostitution of a child who has been seduced or become a prostitute or a sexual assault on a child who has been sexually assaulted,

if the person has knowingly allowed the child to consort with, or to enter or continue in the employment of, any prostitute or keeper of a brothel.

(4) In this section—

F222 [ ]

“keeper of a brothel” means a person referred to in section 11 (which relates to brothel keeping) of the Criminal Law (Sexual Offences) Act, 1993 ;

“sexual assault” has the meaning assigned to it by the Criminal Law (Rape) (Amendment) Act, 1990 .

(5) References in this section to sexual intercourse shall be construed as references to carnal knowledge as defined in section 63 of the Offences against the Person Act, 1861.

Annotations:

Amendments:

F222

Deleted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 49, S.I. No. 112 of 2017.

Editorial Notes:

E51

Prospective affecting provision: rules of evidence in relation to prosecution of offences under section prescribed by Criminal Evidence Act 1992 (12/1992), ss. 2(1), as substituted by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 34, and Part III; substitution of s. 2(1) not commenced as of date of revision.

E52

Prospective affecting provision: spouse of accused compellable in respect of trials of offences under section in accordance with Criminal Evidence Act 1992 (12/1992), s. 2(1), as substituted by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 34, and s. 22(1); substitution of s. 2(1) not commenced as of date of revision.

E53

Offence under section included in definition of “sexual offence” for purposes of Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), part 2, (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s. 5 and sch. 1 part 1 and part 2 item 19, S.I. No. 215 of 2016.

E54

Offence under section included in definition of “specified offence” for purposes of Taxi Regulation Act 2013 (37/2013) (6.04.2014) by Taxi Regulation Act 2013 (37/2013), ss. 10, 30, 31 and sch. part 2 item 6, S.I. No. 163 of 2014.

E55

Offence under section included in “Offences against children for purposes of offence under section 2” (1.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), s. 2 and sch. 1 item 16, S.I. No. 281 of 2012.