The Offence and the Gratification Test
Under section 15A, a person aged 18 or over commits an offence where they intentionally communicate with a person under 16, the communication is sexual or intended to elicit a sexual communication from the child, and the communication is for the purpose of the defendant's own or another person's sexual gratification. The definition of a sexual communication is broad — it includes any communication that a reasonable person would consider sexual in the circumstances, not only explicit material. The prosecution must prove the gratification purpose — communications that are misinterpreted, taken out of context, or arise from a different motivation require careful examination.
The Reasonable Belief Defence
Where a defendant can demonstrate that they took reasonable steps to ascertain the age of the person they were communicating with, and genuinely and reasonably believed that person to be 16 or older, they have a complete defence. The assessment of whether a belief was reasonable is objective. The court will consider what steps were actually taken to verify age — including age verification details on a social media profile, direct statements made by the person about their age, or lifestyle indicators suggesting adulthood that were reasonably relied upon. Where the person actively misrepresented their age, this is highly relevant.
Vigilante Groups and Digital Stings
A substantial number of section 15A prosecutions arise from operations conducted by vigilante groups that create fake online profiles of children and engage in conversations with adults, which they then record and pass to the police. This evidence requires careful scrutiny. Where a defendant was induced to communicate through methods amounting to entrapment, the admissibility of that evidence can be challenged. The completeness and accuracy of the communications relied upon should be examined — including whether the group initiated the sexual tone or provided false age information. Where a vigilante group has published identifying information before trial, urgent steps may be needed to protect the defendant's right to a fair trial.
Sentencing and Notification Requirements
Sexual communication with a child is an either-way offence. The maximum in the Crown Court is two years' imprisonment. Many first-time offenders are sentenced to community orders or suspended sentences where appropriate mitigation is advanced. A conviction triggers mandatory notification requirements under the Sexual Offences Act 2003, the duration of which is determined by the sentence received. The implications for employment, travel, and where the defendant may live can be significant.
What to Do if You Are Under Investigation
If you have been arrested or had devices seized in connection with an allegation of sexual communication with a child, seek specialist legal advice immediately. Do not speak to investigators without a solicitor present. The pre-charge stage — including making representations to the CPS before any decision to charge is made — is the most effective point at which to present evidence relevant to your defence.