Sexual Offences Act 2003

[F115ASexual communication with a childE+W

This section has no associated Explanatory Notes

(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 [F2the 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.]

Textual Amendments

F1S. 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