motion_title: Crime and Policing Bill: New Clause 2 - Commercial sexual exploitation by a third party
motion_text: I beg to move, That the clause be read a Second time.
  
  Clause text:
  
  New Clause 2 - Commercial sexual exploitation by a third party
  “(1) A person commits an offence if—
  (a) the person (C) assists, facilitates, controls, or incites, by any means, another person (B) to engage in sexual activity with another person (A) in exchange for payment or other benefit, anywhere in the world; and
  (b) the circumstances are that—
  (i) the person (C) knows or ought to know that the other person (B) is engaging in sexual activity for payment; and
  (ii) the person (C) assists, facilitates, controls, or incites the other person (B) to engage in sexual activity with another person (A); or
  (iii) the person (C) causes or allows to be displayed or published, including digitally, any advertisement in respect of activity prohibited by section 1a and 1b(i).
  (2) A person (C) commits an offence under subsection (1) regardless of whether they secure personal financial gain, or personally benefits in any way, from facilitating person (B) engaging in sexual activity with person (A) in exchange for payment or other benefit.
  (3) A person (D) commits an offence under subsection (1) if they knowingly secure financial gain, or benefits in any way, from person (B) engaging in sexual activity with person (A) in exchange for payment or other benefit, anywhere in the world, regardless of whether person (D) facilitated the exchange between persons B and A.
  (4) A person guilty of an offence under this section is liable—
  (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
  (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.
  (5) In considering the seriousness of an offence committed under subsection (1)(b)(iii), the court must treat the following as aggravating factors—
  (a) the annual financial turnover of the digital or physical platform (the platform) used to facilitate and or advertise activity prohibited in subsection1a and 1b(i);
  (b) the number of prostitution related offences, under subsection (1), facilitated by the platform in question; and
  (c) whether the platform has facilitated trafficking for sexual exploitation.
  (6) A person who is a UK national commits an offence under this section regardless of where the offence takes place.
  (7) A person who is not a UK national commits an offence under this section if any part of the offence takes place in the UK.
  (8) The Secretary of State must, within six months of the Act receiving Royal Assent, make regulations to appoint a public body (the designated body) to monitor and enforce compliance by online platforms with this section.
  (9) Regulations made under subsection (5) may provide the designated body with the powers, contained in section 144 of the Online Safety Act 2023, to apply to the court for a Service Restriction Order.
  (10) The designated body must, within six months of it being appointed under regulations made by subsection (5), lay before Parliament a report outlining its plan for monitoring compliance with, and enforcement of, the provisions of this section of the Act.
  (11) The designated body must lay before Parliament an annual report outlining its progress in ensuring compliance with the provisions of this Act, including information on enforcement activity relating to these provisions.”—(Tonia Antoniazzi.)