Part I- Preliminary

Section 1- Title and effect

1. This Act shall be known as the Sexual Conduct and Protection Act, 2026.
2. This Act shall have effect immediately upon the Constitution of the Hokorian State coming into force.

Section 2- Interpretation

1. “Consent” means free, informed, voluntary and ongoing agreement.
2. “Child” means a person under the age of 18 years.
3. “Sexual activity” means any act of a sexual nature.
4. “Explicit sexual content” means material that depicts sexual acts or genital exposure for sexual arousal.
5. “Position of authority” means a position involving power or trust over another person.
6. “Sex work” means the provision of sexual services by one adult to another in exchange for remuneration.

Part II- Lawful Sexual Conduct

Section 3- Age of consent

1. Sexual activity is lawful only where both persons:
   • Are aged 18 years or over,
   • Consent to the activity.
2. Marriage or any relationship does not imply consent.

Section 4- 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,
   • The activity is consensual.
2. This section does not apply where one person is in a position of authority.

Part III- Consent

Section 5- Meaning of consent

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 Consent may be withdrawn at any time.

Section 6- Absence of consent

1. A person does not consent where:
   • Force or threat is used,
   • Coercion or intimidation is present,
   • A position of authority is abused,
   • The person is asleep or unconscious,
   • The person lacks capacity,
   • The person is so intoxicated that they cannot decide freely.

Part IV- Sexual Offences

Section 7- Rape

1. A person commits rape where they intentionally engage in sexual penetration without consent and without reasonable belief in consent.
2. Levels of severity:
   • Basic offence,
   • Aggravated offence involving violence, multiple offenders or a child.
3. Penalties:
   • Basic offence shall carry a maximum term of life imprisonment,
   • Aggravated offence shall carry a minimum term of 20 years and a maximum term of life imprisonment.

Section 8- Assault by penetration

1. A person commits an offence where they intentionally penetrate another person sexually without consent.
2. Penalties:
   • Maximum term of life imprisonment,
   • Minimum term of 10 years where serious harm is caused.

Section 9- Sexual assault

1. A person commits an offence where they intentionally engage in sexual touching without consent.
2. Penalties:
   • Maximum term of 20 years imprisonment,
   • Lesser cases may attract lower sentences as determined by the Court.

Section 10- Abuse of position of authority

1. A person in a position of authority commits an offence where they engage in sexual activity with a person under 18 under their authority.
2. Penalties:
   • Maximum term of 20 years imprisonment,
   • Minimum term of 10 years in serious cases.

Section 11- Incest

1. Sexual activity between persons within prohibited familial relationships constitutes an offence.
2. Penalties:
   • Maximum term of 10 years imprisonment,
   • Where coercion is present, a more serious offence under this Part shall apply.

Section 12- Sexual harassment

1. A person commits an offence where they engage in unwanted sexual conduct that causes distress, humiliation or intimidation.
2. Penalties:
   • Maximum term of 10 years imprisonment or a fine.

Part V- Sex Work

Section 13- Lawful adult sex work

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

Section 14- Regulation of premises

1. Premises used for commercial sex work must comply with requirements set by the Government.
2. Operating in breach of those requirements may result in:
   • Administrative penalties,
   • Criminal liability in serious or repeated cases.

Section 15- Exploitation and trafficking

1. A person commits an offence where they exploit, coerce or traffic another person for sexual purposes.
2. Penalties:
   • Maximum term of 30 years imprisonment,
   • Minimum term of 15 years in serious cases,
   • Higher penalties where a child is involved.

Section 16- Child involvement in sex work

1. A person commits an offence where they procure, facilitate or benefit from sex work involving a child.
2. Penalties:
   • Maximum term of 30 years imprisonment,
   • Minimum term of 20 years.
3. A child involved in sex work shall be treated as a victim and shall not be criminally liable.

Part VI- Sexual Images

Section 17- Child sexual images

1. A person commits an offence where they create, possess or distribute sexual images of a child.
2. Penalties:
   • Maximum term of 25 years imprisonment,
   • Minimum term of 15 years in serious cases.

Section 18- Non consensual intimate images

1. A person commits an offence where they create or distribute intimate images without consent.
2. Penalties:
   • Maximum term of 15 years imprisonment.

Part VII- Public Sexual Conduct

Section 19- Public sexual activity

1. A person commits an offence where they engage in sexual activity in a public place likely to cause distress.
2. Penalties:
   • Maximum term of 10 years imprisonment,
   • Higher penalties where the conduct occurs in places primarily used by minors.

Section 20- Digital public content

1. A person commits an offence where they publish explicit sexual content on a public platform accessible to minors.
2. Penalties:
   • Maximum term of 10 years imprisonment,
   • Higher penalties where content is directed at minors.
3. This section does not apply to lawful educational, medical or properly restricted content.

Part VIII- Jurisdiction

Section 21- Application outside the State

1. This Act applies to conduct outside the State where:
   • The victim is a child,
   • The offence involves exploitation or sexual images of a child.

Part IX- Final Provisions

Section 22- Procedures and enforcement

1. The Government may establish procedures to implement and enforce this Act.
2. Such procedures must be consistent with fairness and protection of victims.

Section 23- Interpretation and application

1. This Act shall be applied in a manner that protects dignity, safety and justice.
2. Any doubt shall be resolved in favour of protecting victims and preventing harm.