PART 5

Protection of children and others

Protection of children

Sexual communication with a child
67
After section 15 of the Sexual Offences Act 2003 insert—

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 12 months or a fine or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
S. 67 in force at 3.4.2017 by S.I. 2017/451, reg. 2