Sexual Offences Act 2003, section 8

Causing or inciting a child under 13 to engage in sexual activity

Part 1 Sexual Offences

(1)A person 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)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 life.

(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 8 1

Vagina

(9) “Vagina” includes vulva.

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

Cases considering section 8 32

R v Stuart Martin Shaw

[2025] EWCA Crim 1785 · 16 December 2025

The court applied the guideline for the underlying offence of inciting a child to engage in sexual activity. Intended sexual activity determined the harm category, followed by a small adjustment for the absence of actual harm; the attempt itself warranted no further reduction. (see paras [15]-[17], [22])

Thomas James Thorpe v R

[2025] EWCA Crim 1007 · 30 July 2025

Applies the statutory entry for an offence under section 8 in determining that the conviction and attempted conviction trigger automatic barring (see paras [9], [13]-[15]). Confirms that the relevant offence provision concerns children under 13, supporting automatic barring without a separate actual-child requirement (see paras [1], [13]-[15]).

R v Jamil Talukder

[2025] EWCA Crim 725 · 22 May 2025Limits

The court rejected sentencing counts charged under section 10 by reference to section 8, while accepting that the section 8 guideline could indicate the weight of the victims’ youth. (see paras [27]-[28])

12 more judgments, and what each says about section 8, are in the case-law panel in the full Act.

Explanatory note

17.Section 8 makes it an offence for a person intentionally to cause or incite a child under the age of 13 to engage in sexual activity. In relation to caused sexual activity, the offence covers the same situations as does the offence under section 4 except that, for this offence, whether or not the child consented to engaging in the sexual activity is irrelevant. This section also covers the situation where incitement takes place but the sexual activity itself does not. For example, a person may incite a child to engage in sexual activity with him (for example, where a person incites the child to masturbate him), or on the child himself (for example, where a person incites the child to strip) or with a third person (for example, where someone incites the child to have sexual intercourse with his friend).

All the explanatory notes for the Act