The free library136 of 195 Sexual offences

Sexual communication with a child

s.15ASexual Offences Act 2003

A person aged 18 or over, for sexual gratification, intentionally communicating with a child under 16 where the communication is sexual or is meant to encourage the child to make a sexual communication.

Sexual communication with a child · Sexual Offences Act 2003, s.15ACard 136 / 195

Points to prove

The defendant (A) was aged 18 or over
For the purpose of obtaining sexual gratification
Intentionally communicated with another person (B)
The communication was sexual, or was intended to encourage B to make a sexual communication (to A or to anyone else)
B was under 16
A did not reasonably believe that B was 16 or over

Key definitions

Communication is sexual – s.15A(2): any part of it relates to sexual activity, or a reasonable person would, in all the circumstances but regardless of anyone’s purpose, consider any part of it to be sexual.
Sexual activity – s.15A(2): an activity that a reasonable person would, in all the circumstances but regardless of anyone’s purpose, consider to be sexual.
Communicates – not defined. It covers any means, including messages, social media, email, letters and speech.
Reasonable belief – the prosecution must prove A did not reasonably believe B was 16 or over. Unlike ss.9 to 12, there is no separate under-13 limb.

Good to know

In force from 3 April 2017 (inserted by the Serious Crime Act 2015). It closed a gap where sexual messages to a child did not amount to incitement or grooming.
B does not need to reply, and no meeting needs to be arranged.
Where the “child” is in fact an adult decoy or officer, charge an attempt. Impossibility is no bar (Criminal Attempts Act 1981, s.1(2)).
If A goes on to meet or travel to meet B intending to commit a sexual offence, consider meeting a child following sexual grooming (s.15). Inciting a child to engage in sexual activity is a separate offence (s.10).

Legislation: Sexual Offences Act 2003, s.15A (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 2 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Sexual communication with a child: questions people ask

What are the points to prove for sexual communication with a child?

1. The defendant (A) was aged 18 or over 2. For the purpose of obtaining sexual gratification 3. Intentionally communicated with another person (B) 4. The communication was sexual, or was intended to encourage B to make a sexual communication (to A or to anyone else) 5. B was under 16 6. A did not reasonably believe that B was 16 or over

What is the maximum sentence for sexual communication with a child?

2 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)

Is sexual communication with a child a summary, either-way or indictable offence?

Sexual communication with a child is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is sexual communication with a child?

Sexual communication with a child is an offence under the Sexual Offences Act 2003, s.15A.

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