Sexual Offences Act 2003, section 15

Meeting a child following sexual grooming etc

Part 1 Sexual Offences

[F3 (1)A person aged 18 or over (A) commits an offence if—

[F4 (a)A has met or communicated with another person (B) [F5 on one or more occasionsF5] and subsequently—

(i)A intentionally meets B,

(ii)A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or

(iii)B travels with the intention of meeting A in any part of the world,

(b)A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence,F4]

(c)B is under 16, and

(d)A does not reasonably believe that B is 16 or over.

(2)In subsection (1)—

(a)the reference to A having met or communicated with B is a reference to A having met B in any part of the world or having communicated with B by any means from, to or in any part of the world;

(b) “relevant offence” means—

(i)an offence under this Part,

(ii)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)anything done outside England and Wales F7. . . which is not an offence within sub-paragraph (i) F7. . . but would be an offence within sub-paragraph (i) if done in England and Wales.

(3)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)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.F3]

Cases considering section 15 8

R v Gawain Dafydd Fallows

[2022] EWCA Crim 921 · 8 June 2022

The court applied the category 2 sentencing guideline, with a two-year starting point and a range of one to four years. Aggravating features included offending while under investigation, persistence and multiple victims; reductions were required where no real victim existed and no meeting occurred. (see para [34])

R v Chalk & R v Chaplin

[2022] EWCA Crim 433 · 31 March 2022

Applies the substantive offence of meeting a child following sexual grooming. Because the supposed child was an adult undercover officer, the offence could not have been committed on the facts and the plea was vacated. (see paras [30]-[34]; [68]-[70])

Gaviria v R

[2010] EWCA Crim 1693 · 19 July 2010Interprets

Section 15(1) requires only two earlier meetings or communications; they need not be sexual. The adult must intend to commit a relevant sexual offence when travelling to, waiting for, or intentionally meeting the child. An intention formed only after an innocent meeting begins does not engage the section (see paras [16]; [17]; [20]).

What each judgment says about section 15 is in the case-law panel in the full Act.

Explanatory note

26.Section 15 makes it an offence for a person (A) aged 18 or over to meet intentionally, or to travel with the intention of meeting, a child aged under 16 in any part of the world, if he has met or communicated with that child on at least two earlier occasions, and intends to commit a “relevant offence” against that child either at the time of the meeting or on a subsequent occasion. An offence is not committed if A reasonably believes the child to be 16 or over.

27.The section is intended to cover situations where an adult (A) establishes contact with a child through, for example, meetings, telephone conversations or communications on the Internet, and gains the child’s trust and confidence so that he can arrange to meet the child for the purpose of committing a “relevant offence" against the child. The course of conduct prior to the meeting that triggers the offence may have an explicitly sexual content, such as A entering into conversations with the child about the sexual acts he wants to engage her in when they meet, or sending images of adult pornography. However, the prior meetings or communication need not have an explicitly sexual content and could for example simply be A giving the child swimming lessons or meeting her incidentally through a friend.

28.The offence will be complete either when, following the earlier communications, A meets the child or travels to meet the child with the intent to commit a relevant offence against the child. The intended offence does not have to take place.

29.The evidence of A’s intent to commit an offence may be drawn from the communications between A and the child before the meeting or may be drawn from other circumstances, for example if A travels to the meeting with ropes, condoms and lubricants.

30.Subsection (2)(a) provides that A’s previous meetings or communications with the child can have taken place in or across any part of the world. This would cover for example A emailing the child from abroad, A and the child speaking on the telephone abroad, or A meeting the child abroad. The travel to the meeting itself must at least partly take place in England or Wales or Northern Ireland.

All the explanatory notes for the Act

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F3S. 15 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(a), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2
  2. F4S. 15(1)(a)(b) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(7), Sch. 15 para. 1; S.I. 2008/1586, art. 2, Sch. 1 para. 35 (subject to Sch. 2)
  3. F5Words in s. 15(1)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 36(1), 95(1) (with s. 36(2)); S.I. 2015/778, art. 3, Sch. 1 para. 30
  4. F6S. 15(2)(b)(ii) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 4(2); S.I. 2008/510, art. 2
  5. F7Words in s. 15(2)(b)(iii) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 4(3); S.I. 2008/510, art. 2
  6. F8S. 15(3) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 4(4); S.I. 2008/510, art. 2