(1)A person aged 18 or over (A) commits an offence if—
(a)he intentionally touches another person (B),
(b)the touching 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, if the touching involved—
(a)penetration of B’s anus or vagina with a part of A’s body or anything else,
(b)penetration of B’s mouth with A’s penis,
(c)penetration of A’s anus or vagina with a part of B’s body, or
(d)penetration of A’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
(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.
Cases considering section 9 59
[2008] UKHL 37 · 18 June 2008Interprets
Criminalises sexual touching of a child, including penetration, and overlaps with section 5. When extended by section 13 to defendants under 18, it supplies an alternative offence carrying a lower maximum penalty (see paras [25], [45]–[46], [65]).
Makes sexual activity with a child under 13 an offence of strict liability, so mistaken belief about age is unavailable. Read with section 13, it applies to defendants under 18 (see paras [18], [25]–[26]).
[2026] EWCA Crim 916 · 23 June 2026Limits
The court limited reliance on the section 9 guideline for the arranging or facilitating offence, holding that it was the wrong substantive guideline. It nevertheless held that the six-year sentence was not manifestly excessive even if section 9 were used. (see paras [10], [12]-[13])
[2026] EWCA Crim 449 · 25 March 2026Limits
Limits the relevance of the sexual-activity-with-a-child guideline: although it can involve penetration, it does not necessarily amount to rape and did not reflect the seriousness of these offences. It was therefore inappropriate (see paras [22]; [25]).
39 more judgments, and what each says about section 9, are in the
case-law panel in the full Act.
18.Section 9 makes it an offence for a person (A) aged 18 or over to intentionally engage in sexual touching of a child under 16. 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. “Touching” is explained at section 79(8) and covers all forms of physical contact including penetration; “sexual” is defined at section 78. Whether or not the child consented to the activity is irrelevant.