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Committing an offence with intent to commit a sexual offence

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

Sexual offences

Committing an offence with intent to commit a sexual offence

Sexual Offences Act 2003, s.62

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

Triable
Indictable only
Maximum penalty
Life imprisonment (if kidnapping or false imprisonment committed), otherwise 10 years' custody Applicability In accordance with section 120

Actus reus

  • Commits any offence with intent to commit a relevant sexual offence (SOA 2003, s.62).

Mens rea

  • Mens rea for the host offence plus intent to commit a relevant sexual offence.

Defences

Host offence not committed · No intent to commit a relevant sexual offence

Sentencing Council

Sentencing Council guideline effective 1 April 2014.

View definitive guideline ↗

At the police station

Often charged with burglary or assault as the host offence. Identify both ingredients.

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

Back to the full offences index

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.