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Sexual exploitation of a child (causing/inciting/controlling/arranging)

Sexual offences — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Sexual offences

Sexual exploitation of a child (causing/inciting/controlling/arranging)

Sexual Offences Act 2003, ss.48–50

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
14 years’ custody

Actus reus

  • ss.48–50: cause or incite, control, or arrange/facilitate the sexual exploitation of a child (SOA 2003 — the current headings after the Serious Crime Act 2015 rename). Check the charged section.

Mens rea

  • Intention to cause/incite, control, or arrange/facilitate. Age/belief structure follows the charged section (under-13 versus reasonable belief B is 18).

Defences

Did not cause, control or arrange · Reasonable belief as to age where the section allows it · Not sexual exploitation as defined for that section

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Victim aged under 13: 1 - 13 years' custody Victim aged 13 - 15: 26 weeks' - 11 years' custody Victim aged 16 - 17: Com.

View definitive guideline ↗

At the police station

These are not s.9 touching. Identify 48, 49 or 50. Payment is not always required after the 2015 retitling — read the section.

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.

More in Sexual offences

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.