Can You Go to Jail for Talking to a Minor Online in the UK?

Quick answer

Talking to someone under 16 online is not in itself illegal in the UK. It becomes a criminal offence – sexual communication with a child under Section 15a of the Sexual Offences Act 2003 – where an adult, for the purpose of sexual gratification, sends messages that are sexual or that are intended to encourage a child to communicate in a sexual way. The maximum sentence is two years’ imprisonment and conviction places the offender on the sex offenders register.

The law on having sexual relations with anyone under the age of 16 is very clear cut, with most people being well aware that the act is illegal, regardless of whether consent is provided.

However, when it comes to speaking to a minor online, the law can become a little more complicated and determining whether or not this act is illegal will be largely context dependent.

Here, we discuss what the law says about talking to a minor online, where this can become a criminal offence, what counts as sexual communication with a child and what the potential penalties are for falling foul of the law.

Is talking to a minor online illegal in the UK?

It is important to outline that it is not inherently illegal to simply exchange messages with a minor. There are plenty of potential examples where speaking to someone under the age of 16 would be perfectly acceptable, so long as the communication is made in good faith.

However, there is a line at which speaking to a minor becomes illegal. Messages exchanged with a child that are deemed to be of a sexual nature are likely to amount to ‘sexual communication with a child’. This is a criminal offence which is likely to result in significant punishment if someone is found guilty.

What counts as sexual communication with a child?

The offence of sexual communication with a child is set out in Section 15a of the Sexual Offences Act 2003. It can include sexual communication on a device, such as a mobile phone or laptop, as well as handwritten notes.

What is Section 15a of the Sexual Offences Act 2003?

This legislation defines the elements of sexual communication with a child as:

• A perpetrator being over the age of 18
• For the purpose of sexual gratification, intentionally communicating with someone under the age of 16 (and is not reasonably believed to be 16 or over)
• The communication is sexual or is intended to encourage someone under 16 to make a communication which is sexual
• Communication is ‘sexual’ if any part of it relates to sexual activity, or a reasonable person would consider any part of the communication to be sexual

Where indecent images of a child are also sent, one or both parties may be prosecuted under the Protection of Children Act 1978.

Does ‘flirting’ count as sexual communication?

Flirting is a somewhat grey area, and whether it is considered to amount to sexual communication with a minor will typically depend on whether it meets the criteria set out above.

The term flirting implies that a conversation is driven by sexual attraction, which may fulfil the offence of sexual communication with a child.

However, for flirting to comprise causing or inciting sexual activity, it needs to be shown that the communication was of a sexual nature or was intended to encourage a child to communicate in a sexual way, and that the communication was for the purposes of sexual gratification.

What kind of proof is needed for a conviction of sexual communication with a child in the UK?

When convicting someone of sexual communication with a child, the prosecution will be required to rely on various evidence. Depending on the circumstances, this may include chat logs, images or videos, anything stored on a device, or handwritten notes.

In some instances, undercover police officers may present themselves as a child online and arrange to meet with someone who is messaging this persona online.

What are the punishments for sexual communication with a child?

The potential punishments for sexual communication with a child are wide-ranging and will depend on various factors.

When deciding on the punishment, the courts will consider the harm and culpability of the offender.

Harm is separated into two categories:

Culpability is also separated into two categories:

Depending on how the court views these matters, as well as any other aggravating or mitigating factors, the sentence for sexual communication with a minor can range from a community service order through to a maximum of two years’ imprisonment.

There are also various additional punishments which could be handed out to someone who is guilty of sexual communication with a child.

These include ancillary orders, which add extra elements to a sentence, such as additional restrictions or requirements which affect a defendant’s finances, property or activity.

A conviction will also mean that you are placed on the sex offenders register, as well as being subject to a Sexual Harm Prevention Order (SHPO), which will prevent you from engaging in a specific activity. For example, this might include preventing access to the internet without having computer monitoring software installed.

What are the aggravating factors for sexual communication with a child?

With regard to sexual communication with a child, or any other relevant sexual offence, there are a wide range of potentially aggravating factors which could increase the severity of the sentence handed out.

These include:

• Previous convictions
• The offence took place while on bail
• The age and vulnerability of the child
• Distress caused to the child
• The offence is motivated by specific characteristics of the victim, such as religion, race, disability, sexual orientation or transgender identity
• Financial award offered to victim
• Steps taken to prevent the victim from reporting the incident

What are the mitigating factors for sexual communication with a child?

On the other hand, there are also a range of mitigating factors which could reduce the penalty someone is facing if they are set to be convicted.

These could include:

• No prior convictions
• A defendant shows clear remorse for their actions
• A defendant previously showed good character or exemplary conduct
• Age and/or a lack of maturity
• Mental disorders or learning disabilities
• Steps taken to address offending, such as self-referral to psychologists or counselling
• Dealing with drink or drug issues
• Proving personal mitigation factors: loss, bereavement, poor health, trauma suffered
• Medical reports
• Personal consequences arising from the offence, such as loss of employment or relationship breakdown

What is child grooming?

Child grooming is used when an individual or group builds a relationship with a child for the purposes of manipulating, exploiting or abusing them. In this context, the exploitation can be sexual, but it could also involve inducing a child to carry out criminal activity, such as transporting and selling drugs.

Does the age of the minor or the age difference matter?

The offence under Section 15a of the Sexual Offences Act 2003 specifically applies to communications by an adult (over 18) with someone under the age of 16. The determining factor is the age of the person being communicated with, not the size of the age difference – so the offence can apply whether the adult is 19 or 49, provided the other elements of the offence (sexual communication, for the purpose of sexual gratification, with no reasonable belief that the person was 16 or over) are also made out.

Where the person being communicated with is 16 or 17, Section 15a does not apply, as 16 is the age of consent in the UK. However, other criminal offences can still be relevant in particular circumstances – for example where the adult holds a position of trust over the young person, or where indecent images of anyone under 18 are involved.

If you are unsure whether your particular circumstances cross into criminal territory, the safest course is to speak to a solicitor before responding to any allegation.

What if a minor lies about their age online in the UK?

If a minor lies about their age, this could be a potential defence for anyone facing allegations of sexual communication with a child. It must be shown that the person had reason to believe that the person they were communicating with was over 16.

However, the success of this defence would largely depend on the available evidence relating to the case.

Can I be prosecuted if a child contacted me first?

Section 15a of the Sexual Offences Act 2003 does not turn on who started the conversation. The elements of the offence are that an adult (over 18), for the purpose of sexual gratification, intentionally communicates with someone under the age of 16 (and is not reasonably believed to be 16 or over) and that the communication is sexual or is intended to encourage the child to communicate in a sexual way. The fact that a child reached out first does not, by itself, prevent the offence from being made out.

Should I speak to a solicitor if I’m accused of sexual communication with a minor?

The simple answer is yes. Sentencing can be harsh for anyone who is convicted of sexual communication with a child, so if you are facing such an allegation, the intervention of an expert sexual offences solicitor is incredibly important.

Speaking to a solicitor does not signify guilt in any way. It simply ensures you have the support and guidance you need and that your legal rights are protected at all times.

At JD Spicer Zeb, our sexual offences solicitors have substantial experience with these matters and will be able to provide robust representation and close personal support.

Contact our sexual offence lawyers today

For a free initial consultation, urgent specialist advice, immediate representation, or to speak to us confidentially about allegations of sexual communication with a child, please get in touch.

You can contact our sexual offence lawyers in London, Birmingham, and Manchester by telephone on:

• Central London Office: 0207 624 7771
• West Hampstead Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333

Or email: solicitors@jdspicer.co.uk

24/7 legal representation for sexual offence allegations

Please get in touch for a free initial consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice on dealing with allegations relating to sexual communication with a child.

We are available to represent clients all over England and Wales at any time. Please contact our emergency number: 07836 577 556.