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Committing an offence with intent to commit a sexual offence

s.62 Sexual Offences Act 2003 · Crown Court / Magistrates

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Sentencing framework

The guideline structures sentencing for this offence by establishing a maximum sentence that varies based on the serious nature of the underlying intent to commit a sexual offence. Aggravating factors can increase the severity of the sentence, while mitigating factors may lead to a more lenient sentence. The starting point for offenders with intent to commit serious sexual offences is typically set at two years' custody.

Maximum sentence

Life imprisonment (if kidnapping or false imprisonment committed), otherwise 10 years' custody

Court

Crown Court / Magistrates

Starting point

2 years' custody (suitable enhancement where intent was to commit rape or assault by penetration)

Offence range

Discharge - 10 years' custody

Aggravating factors

  • ·Nature and seriousness of the intended sexual offence
  • ·Previous convictions
  • ·Assessment of risk presented by the offender

Mitigating factors

  • ·Any relevant personal circumstances of the offender
  • ·Evidence of rehabilitation efforts

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

  1. Step 1 — determine the offence category
  2. Step 2 — assess the harm caused
  3. Step 3 — evaluate the culpability level
  4. Step 4 — consider any aggravating factors
  5. Step 5 — determine the starting point for sentencing
  6. Step 6 — finalize the sentence within the category range
  7. Step 7 — consider any potential reductions for guilty pleas

Guideline notes

  • Sentencers should consider any previous convictions, the vulnerability of the victim, and the offender's intent.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.