(1)A person aged 18 or over (A) commits an offence if—
(a)for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging 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 is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.
Cases considering section 12 6
[2026] EWCA Crim 1060 · 18 June 2026
Section 12 supplied the statutory maximum of 10 years for the underlying offence. The court treated that maximum as a ceiling, not a target to be reached by adding an extended licence period; the sentence had to reflect the attempt, mitigation and guilty plea. (see paras [10]; [15])
[2005] EWCA Crim 192 · 2 February 2005
The court held that section 12 offences will usually attract lower sentences than sexual activity with a child, while respecting their ten-year maximum. The nature of the depicted activity, the occasions observed and its impact on the child are relevant sentencing considerations (see para [16]).
[2025] EWCA Crim 1280 · 19 September 2025
The Court applied the maximum sentence of 10 years for attempting to cause a child to watch a sexual act when setting the sentencing framework; it did not otherwise construe the provision (see para [19]).
What each judgment says about section 12 is in the case-law panel in the full Act.
21.Section 12 makes it an offence for a person (A) intentionally to cause a child aged under 16, for the purpose of the sexual gratification of A, to watch a third person engaging in sexual activity or to look at an image of a person engaging in sexual activity. 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 definition of sexual activity is at section 78. A person who, for his own sexual gratification, forces a child to watch two people have sex, or who forces a child to watch a pornographic film, would commit this offence.