Jersey Law 15/1990
SEXUAL OFFENCES (JERSEY) LAW 1990
A LAW to
amend the law relating to homosexual acts, sanctioned by Order of Her Majesty
in Council of the
24th day of JULY 1990
(Registered on the 28th of September 1990
STATES OF JERSEY
The 29th day of May
subject to the sanction of Her Most Excellent Majesty in Council, have adopted
the following Law –
Amendment of law relating to homosexual acts in private
any provision of law, whether enacted or customary, but subject to Article 2 of
this Law, a homosexual act in private shall not be punishable as the crime of
‘sodomie’ (hereinafter referred to as “sodomy”) if the
parties to the act consent and have attained the age of twenty-one years.
act which would otherwise be treated for the purpose of this Law as being done
in private shall not be so treated if done –
more than two persons take part or are present; or
a lavatory to which the public have or are permitted to have access, whether on
payment or otherwise.
man who is a person requiring special care within the meaning of the Mental
Health (Jersey) Law 1969, as
amended, cannot in law give any consent which, by virtue of
paragraph (1) of this Article, would prevent a homosexual act from being an
offence, but a person shall not be convicted, on account of the incapacity of
such a man to consent, of an offence consisting of such an act if he proves
that he did not know and had no reason to suspect that man to be a person
requiring special care.
(1) of this Article shall not prevent an act from being an offence (other than
a civil offence) under any provision of the Army Act 1955 (c.18), the Air Force
Act 1955 (c.19) or the Naval Discipline Act 1957 (c.52), in their application
to the Bailiwick.
the purposes of this Article, a man shall be treated as doing a homosexual act
if, and only if, he commits sodomy with another man or is a party to the
commission by a man of such an act.
Homosexual acts on Jersey ships
shall continue to be a crime at customary law for a man to commit sodomy with
another man in circumstances in which, by reason of Article 1 of this Law, it
would not be an offence (apart from this Article), if the act charged is done
on a Jersey ship, wherever it may be, by a man who is a member of the crew of
that ship with another man who is a member of the crew of that or any other
“member of the crew”, in relation to a ship, includes
the master of the ship and any apprentice to the sea service serving in that
“Jersey ship” means a ship registered in the Bailiwick
habitually used, or used at the time of the act charged, for the purposes of
carrying passengers or goods for reward.
This Law may be cited as the Sexual Offences (Jersey) Law 1990.
Deputy Greffier of the States.