Section 90 Sexual communication with a child

In the Sexual Offences (Northern Ireland) Order 2008 after Article 22 insert—

“Sexual communication with a child

22A

(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 Article, 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 sub-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 Article is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years.”.

In Article 4 of that Order (meaning of “sexual”) after “except” insert “ Article 22A (sexual communication with a child) or ”.

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In the Criminal Justice (Northern Ireland) Order 2008 in Part 2 of Schedule 2 (specified sexual offences) in paragraph 14A after the entry relating to Article 22 of the Sexual Offences (Northern Ireland) Order 2008 insert— “ Article 22A (sexual communication with a child), ”.