(1)A person (A) commits an offence if—
(a)he intentionally controls any of the activities of another person (B) relating to B’s sexual exploitation in any part of the world, and
(b)either—
(i)B is under 18, and A does not reasonably believe that B is 18 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 14 years.
Cases considering section 49 3
[2007] EWCA Crim 2664 · 19 October 2007Interprets
The court treated the identical words in section 49(1) as having the same meaning as in section 53(1). Its explanatory note’s examples of requiring or directing particular conduct supported a construction of control wider than coercion (see paras [15]-[20]).
[2025] EWCA Crim 1783 · 19 December 2025
Applies: the original conviction for controlling a child subject to sexual exploitation was treated as a material circumstance when assessing the seriousness and risk of the later breach. No separate construction of section 49(1)(a) was required. (see paras [4]-[5]; [31]-[32])
[2021] EWCA Crim 572 · 21 April 2021
The court extended the intended-harm and downward-adjustment approach to attempted or incitement offences under this provision where sexual activity does not occur. (see paras [5]; [23])
What each judgment says about section 49 is in the case-law panel in the full Act.
96.Section 49 makes it an offence for a person (A) intentionally to control any of the activities of a child (B) that relate to the child's prostitution or involvement in pornography in any part of the world. The offence is committed even if B’s activities in relation to prostitution or pornography are controlled for part of the time by another person. An example of the behaviour that might be caught by this offence is where A requires or directs B to charge a certain price or to use a particular hotel for her sexual services or to pose for a certain photographer and B complies with this request or direction. The prostitution or pornography can take place in any part of the world. Where B is 13 or over, the offence will not be committed where A reasonably believes that B is 18 or over. (It will be for the prosecution to prove that A does not reasonably believe that B is 18 or over). However, where B is under 13, A will commit the offence regardless of any belief he may have about B’s age. The terms “pornography” and “prostitution” are defined in section 51.