Sexual Communication

The offence of sexual communication with a child, introduced on 3 April 2017 under Section 67 of the Serious Crime Act 2015, criminalises intentional sexual communication with a child under 16. This applies regardless of whether the child responds.

The Offence

A person aged 18 or over commits an offence if they:

• Communicate intentionally with a child under 16 for the purpose of obtaining sexual gratification.
• Make sexual communication or encourage the child to make sexual communication.
• Do so without reasonably believing the child is 16 or over. 

The communication is considered sexual if any part relates to sexual activity or would be deemed sexual by a reasonable person.  

Defences

A defence may be available if the defendant can prove they reasonably believed the child was 16 or over and took all reasonable steps to verify the child’s age. Factors considered include the child’s appearance, statements made by the child, and any information provided by the defendant. 

Penalties

This offence is triable either way, meaning it can be heard in either the Magistrates’ Court or the Crown Court. A conviction may result in up to two years’ imprisonment and mandatory inclusion on the Sex Offenders Register. 

Vigilante and Undercover Operations

Cases may involve vigilante groups or undercover police officers posing as children online. Engaging in sexual communication with such individuals can lead to charges, even if no actual child is involved.  

Related Offences

Other offences under the Sexual Offences Act 2003 include:

• Arranging or facilitating a child sex offence (Section 14).
• Causing or inciting a child to engage in sexual activity (Sections 8 and 10).
• Meeting a child following sexual grooming (Section 15).

Convictions for these offences can result in severe penalties, including long-term imprisonment. 

If you require further information or legal assistance regarding sexual communication with a child or related offences, please consult a qualified legal professional.