Sexual Offences Act 2003, section 10

Causing or inciting a child to engage in sexual activity

Part 1 Sexual Offences

(1)A person aged 18 or over (A) commits an offence if—

(a)he intentionally causes or incites another person (B) to engage in an activity,

(b)the activity is sexual, and

(c)either—

(i)B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii)B is under 13.

(2)A person guilty of an offence under this section, if the activity caused or incited involved—

(a)penetration of B’s anus or vagina,

(b)penetration of B’s mouth with a person’s penis,

(c)penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

(d)penetration of a person’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(3)Unless subsection (2) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

Definitions used in section 10 1

Vagina

(9) “Vagina” includes vulva.

Defined in s.79(9) · see it in the full Act

Cases considering section 10 36

R v Peter Underwood

[2026] EWCA Crim 122 · 29 January 2026Interprets

Interprets the guideline’s reference to section 10 cases as requiring the court to identify harm by reference to the sexual activity intended and then adjust downwards because the activity did not occur. The extent of adjustment is fact-specific, but should be very small where completion was prevented for reasons unrelated to the offender (see paras [6], [19]).

R v MEK

[2025] EWCA Crim 1743 · 12 December 2025

The court used the modern offence under section 10 as the statutory context for the applicable category A2 sentencing guideline, while recognising that its 14-year maximum sentence exceeded the maximum for the historic offence of conviction. (see paras [24]; [27])

R v FBD

[2025] EWCA Crim 1370 · 3 October 2025

The court used the sexual activity with a child guideline as the modern equivalent for counts 9 and 12 when assessing the sentence. (see paras [18]; [23]; [24])

16 more judgments, and what each says about section 10, are in the case-law panel in the full Act.

Explanatory note

19.Section 10 makes it an offence for a person (A) aged 18 or over, intentionally to cause or incite a child aged under 16 to engage in sexual activity (as defined at section 78). Where the child is aged 13 or over, but under 16, the prosecution must prove that A did not reasonably believe that he was 16 or over. The sexual activity which is caused or incited may be activity with A (for example, where A causes or incites the child to have sexual intercourse with him), on the child himself (for example, where A causes or incites the child to strip for A’s sexual gratification) or with a third person (for example, where A causes or incites the child to have sexual intercourse with A’s friend). The incitement constitutes an offence whether or not the activity incited actually takes place. Whether or not the child consented to the activity caused or incited, or to the incitement, is irrelevant.

All the explanatory notes for the Act