Sexual communication with a child22A

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 Article, 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 sub-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 Article 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 2 years.