PART 5Protection of children and others
Protection of children
67Sexual communication with a child
“15ASexual communication with a child
(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 section, 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 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 section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding 2 years.”