Sexual Communication with a Child (Section 15A Sexual Offences Act 2003)

Sexual Communication with a Child is an offence under s.15A Sexual Offences Act 2003. A person aged 18 or over (A) commits the offence if, for the purpose of obtaining sexual gratification, A intentionally communicates with another person (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 B is under 16 and A does not reasonably believe that B is 16 or over (s.15A(1)). A communication is sexual if any part of it relates to sexual activity, or a reasonable person would, in all the circumstances but regardless of any person's purpose, consider any part of the communication to be sexual (s.15A(2)). Maximum sentence: on summary conviction, imprisonment for a term not exceeding the general limit in a magistrates' court (12 months in the case of an offence triable either way, Sentencing Act 2020, s.224(1A)(b)) or a fine or both; on conviction on indictment, imprisonment for a term not exceeding 2 years (s.15A(3)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. All suspects must be interviewed by officers trained in sexual offence investigation. Disclosure must be handled in accordance with the Attorney General's Guidelines. Consider a Sexual Harm Prevention Order application. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).