Sexual offences
Causing or inciting a child under 13 to engage in sexual activity
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Indictable only
- Maximum penalty
- Life imprisonment (if penetration involved), otherwise 14 years' custody
Actus reus
- Intentionally causes or incites a person under 13 to engage in a sexual activity (SOA 2003, s.8(1)).
Mens rea
- Intention to cause or incite. No consent element and no reasonable-belief-in-age defence.
Defences
Did not cause or incite · Activity not sexual · Complainant was not under 13
Sentencing Council
Sentencing Council guideline effective 1 April 2014. Offence range: 1 – 17 years’ custody Where the offence involved penetration this is a Schedule 19 offence for the purposes of sections.
At the police station
The activity need not have happened on an incitement. Messages are usually the actus.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested. For this allegation we would normally want a solicitor involved early.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Sexual Offences Act 2003, s.8 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Rape and sexual offences (full guidance) ↗