Sexual offences
Sexual communication with a child
Sexual Offences Act 2003, s.15A
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 2 years’ custody
Actus reus
- A (aged 18 or over) intentionally communicates with B; the communication is sexual or is intended to encourage B to make a sexual communication; B is under 16 (SOA 2003, s.15A(1)).
- A communication is sexual if any part relates to sexual activity, or a reasonable person would consider any part of it sexual regardless of anyone’s purpose (s.15A(2)).
Mens rea
- Intention to communicate, for the purpose of obtaining sexual gratification.
- A does not reasonably believe B is 16 or over.
Defences
A was under 18 · Reasonable belief B was 16 or over · Communication not sexual and not intended to encourage a sexual communication · Not for the purpose of obtaining sexual gratification
Sentencing Council
Sentencing Council guideline effective 01 July 2022. Offence range: Community order – 2 years’ custody.
At the police station
Platform logs and who started the chat matter. Decoy/officer profiles still turn on what A believed about age.
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.15A ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Rape and sexual offences (full guidance) ↗