Sexual Conduct and Protection Statute, 2026

ENACTED by the Koru of the Hokorian State under the authority of the Council of Officers Charter.

Part I- Preliminary

Section 1- Short Title

1. This Statute may be cited as the Sexual Conduct and Protection Statute, 2026.

Section 2- Commencement

1. This Statute shall come into force on a date appointed by the Koru of the Hokorian State.

Section 3- Interpretation

1. “State” means the Hokorian State.
2. “Consent” means free, informed, voluntary and ongoing agreement.
3. “Child” means a person under the age of 18 years.
4. “Sexual activity” means any act of a sexual nature.
5. “Explicit sexual content” means visual, written or audio material that graphically depicts sexual acts or genital exposure for sexual arousal.
6. “Position of authority” includes teachers, guardians, custodial officers, religious leaders, care providers and any person exercising power or trust over another.
7. “Sex work” means the provision of sexual services by one adult to another in exchange for remuneration.

Part II- Lawful Sexual Conduct

Section 4- Age of Consent

1. Sexual activity is lawful only where both persons are aged 18 years or over and consent.
2. Marriage or any relationship does not imply consent.

Section 5- Close in Age Exception

1. Sexual activity is not an offence where:
   • both persons are aged at least 14 years;
   • neither person is aged 21 years or over;
   • the age difference does not exceed 3 years; and
   • the activity is consensual.
2. This section does not apply where one person is in a position of authority.

Part III- Consent

Section 6- Meaning of Consent

1. Consent must be actively given.
2. Silence or passivity does not constitute consent.
3. Consent may be withdrawn at any time.

Section 7- Absence of Consent

1. A person does not consent where:
   • force or threat is used;
   • coercion or intimidation is present;
   • abuse of a position of authority occurs;
   • the person is asleep or unconscious;
   • the person lacks capacity; or
   • the person is so intoxicated that they cannot make a voluntary decision.
2. Intoxication negates consent where capacity to choose is substantially impaired.

Part IV- Sexual Offences

Section 8- Rape

1. A person commits rape where that person:
   • intentionally penetrates another person sexually without consent and without reasonable belief in consent; or
   • intentionally causes another person to penetrate any person sexually without consent and without reasonable belief in consent.
2. Penalty:
   • Maximum: Life imprisonment.
   • Mandatory minimum: 20 years imprisonment.
   • Where the victim is under 13 years: mandatory minimum 25 years.
   • Aggravated cases involving extreme violence or multiple offenders: mandatory minimum 30 years.

Section 9- Assault by Penetration

1. Intentional sexual penetration without consent constitutes an offence.
2. Penalty:
   • Maximum: Life imprisonment.
   • Mandatory minimum: 15 years imprisonment.

Section 10- Sexual Assault

1. Intentional sexual touching without consent constitutes an offence.
2. Penalty:
   • Maximum: 20 years imprisonment.

Section 11- Abuse of Position of Authority

1. A person in a position of authority commits an offence where that person engages in sexual activity with a person under 18 under their authority.
2. Penalty:
   • Maximum: 20 years imprisonment.
   • Mandatory minimum: 10 years imprisonment.

Section 12- Incest

1. Sexual activity between persons within prohibited familial relationships as defined by the Marriage Statute constitutes an offence.
2. Penalty:
   • Maximum: 10 years imprisonment.
3. Where coercion is present, the appropriate offence under this Part shall apply.

Section 13- Sexual Harassment

1. A person commits an offence where that person engages in unwanted sexual conduct that causes humiliation, distress or intimidation.
2. Penalty:
   • Maximum: 10 years imprisonment or fine.

Part V- Sex Work

Section 14- Lawful Adult Sex Work

1. Sex work between consenting adults aged 18 years or over is lawful.
2. A sex worker may refuse any client or service.

Section 15- Licensing of Premises

1. Premises used for commercial sex work must be licensed.
2. Operating without a licence constitutes an offence.
3. Penalty:
   • Maximum: 5 years imprisonment or fine.

Section 16- Exploitation and Trafficking

1. Coercion, trafficking, debt bondage or exploitation in relation to sex work constitutes an offence.
2. Penalty:
   • Maximum: 30 years imprisonment.
   • Mandatory minimum: 15 years imprisonment.
3. Where a child is involved: mandatory minimum 20 years.

Section 17- Child Sex Work

1. Procuring, facilitating or benefiting from sex work involving a child constitutes an offence.
2. Penalty:
   • Maximum: 30 years imprisonment.
   • Mandatory minimum: 20 years.
3. A child involved in sex work is deemed a victim and shall not be criminally liable.

Section 18- Health and Safety Standards

1. Licensed premises must comply with health and safety standards prescribed by regulation.
2. Breach is subject to civil penalty.
3. Repeated or reckless breach constitutes a criminal offence punishable by imprisonment not exceeding 5 years.

Part VI- Sexual Images

Section 19- Child Sexual Images

1. Creating, possessing or distributing sexual images of a person under 18 constitutes an offence.
2. Penalty:
   • Maximum: 25 years imprisonment.
   • Mandatory minimum: 15 years.

Section 20- Non-Consensual Intimate Images

1. Intentionally creating or distributing intimate images without consent constitutes an offence.
2. Penalty:
   • Maximum: 15 years imprisonment.

Part VII- Public Sexual Conduct

Section 21- Physical Public Sexual Activity

1. Sexual activity in a public place likely to cause alarm or distress constitutes an offence.
2. Penalty:
   • Maximum: 10 years imprisonment.
3. Where occurring in schools, childcare facilities, playgrounds, public transport or public buildings primarily used by minors:
   • Maximum: 15 years imprisonment.

Section 22- Digital Public Sexual Content

1. A person commits an offence where that person intentionally posts explicit sexual content on a publicly accessible digital platform operated by or on behalf of the State and accessible to minors.
2. Penalty:
   • Maximum: 10 years imprisonment.
3. Aggravated cases where content is directed at minors or placed on platforms primarily used by minors:
   • Maximum: 20 years imprisonment.
4. This section does not apply to lawful educational, medical, artistic or properly age restricted content.

Part VIII- Extraterritorial Jurisdiction

Section 23- Application Outside the State

1. This Statute applies to conduct committed outside the State where:
   • the victim is a child; or
   • the offence involves trafficking or child sexual images.

Part IX- Final Provisions

Section 24- Regulations

1. Regulations may be made for the purposes of this Statute.
2. Regulations may prescribe procedures, safeguards and administrative detail.

Section 25- Relationship to Other Law

1. This Statute shall be interpreted consistently with the Civil Status and Protections Charter and the Fundamental Rights Charter.
2. This Statute may be amended, suspended or repealed in accordance with the Council of Officers Charter.