Section 15A Sexual communication with a childF1

England and Wales

(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.

Annotations

Textual amendments

F1: S. 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
F2: Words in s. 15A(3)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1