Part 1

Sexual Offences

Child sex offences

Sexual communication with a child
15A
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 section, 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 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 section is liable—
a
on summary conviction, to imprisonment for a term not exceeding
the general limit in a magistrates’ court
or a fine or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
S. 15A inserted (E.W.) (3.4.2017) by Serious Crime Act 2015 (c. 9), ss. 67, 88(1) (with s. 86(14)(15)); S.I. 2017/451, reg. 2
Words in s. 15A(3)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1