PART 3 N.I.SEXUAL OFFENCES AGAINST CHILDREN

Sexual offences against children under 16N.I.

[F1Sexual communication with a childN.I.

22A—(1) A person aged 18 or over (A) commits an offence if—

(a)for the purpose of obtaining sexual gratification, A intentionally communicates with another person (B),

(b)the communication is sexual or is intended to encourage B to make (whether to A or to another) a communication that is sexual, and

(c)B is under 16 and A does not reasonably believe that B is 16 or over.

(2) For the purposes of this Article, a communication is sexual if—

(a)any part of it relates to sexual activity, or

(b)a reasonable person would, in all the circumstances but regardless of any person's purpose, consider any part of the communication to be sexual;

and in sub-paragraph (a) “sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person's purpose, consider to be sexual.

(3) A person guilty of an offence under this Article 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 2 years.]

Textual Amendments