Sexual Offences Act 2003, section 15A

Sexual communication with a child

Part 1 Sexual Offences

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

(a)for the purpose of obtaining sexual gratification, A intentionally communicates with another person (B),

(b)the communication is sexual or is intended to encourage B to make (whether to A or to another) a communication that is sexual, and

(c)B is under 16 and A does not reasonably believe that B is 16 or over.

(2)For the purposes of this section, a communication is sexual if—

(a)any part of it relates to sexual activity, or

(b)a reasonable person would, in all the circumstances but regardless of any person's purpose, consider any part of the communication to be sexual;

and in paragraph (a) “sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person's purpose, consider to be sexual.

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding [F10 the general limit in a magistrates’ courtF10] or a fine or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years.F9]

Definitions used in section 15A 1

court

(2) In sections 92 and 103A(1) of this Act, and section 345 of the Sentencing Code, “court” includes a service court.

Defined in s.137(2) · see it in the full Act

Cases considering section 15A 10

Robin Edward Hoare v R

[2023] EWCA Crim 1242 · 27 October 2023

The court applied the statutory reasonable-belief element of sexual communication with a child. The prosecution may prove either absence of actual belief that the child was 16 or over, or that any actual belief was unreasonable when assessed against the circumstances known to the defendant. (see paras [17]; [19]-[20])

R v Gawain Dafydd Fallows

[2022] EWCA Crim 921 · 8 June 2022

The court applied the relevant sentencing framework to persistence and the offending’s overlap with other offences, while noting that the new section 15A guideline did not apply. It substituted a 12-month sentence for the real-child offence and applied a limited reduction to attempted offences involving no real child. (see paras [18]; [31]; [34]; [36])

R v Chalk & R v Chaplin

[2022] EWCA Crim 433 · 31 March 2022

Applies the substantive offence of sexual communication with a child. The offence was unavailable because the online contact was an adult undercover officer, so the conduct had to be charged as an attempt. (see paras [28]; [30]-[34]; [68]-[70]) The subsection formed part of the incorrectly charged substantive sexual-communication offence. The absence of a real child meant that the charge could not be maintained as a completed offence. (see paras [28]; [30]-[34]) The subsection formed part of the incorrectly charged substantive sexual-communication offence. The absence of a real child meant that the charge could not be maintained as a completed offence. (see paras [28]; [30]-[34])

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

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F9S. 15A inserted (E.W.) (3.4.2017) by Serious Crime Act 2015 (c. 9), ss. 67, 88(1) (with s. 86(14)(15)); S.I. 2017/451, reg. 2
  2. F10Words in s. 15A(3)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1