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Engaging in sexual activity in the presence of a child / Causing a child to watch a sexual act

s.11, s.12 Sexual Offences Act 2003 · Triable either way

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Sentencing framework

This guideline provides a framework for sentencing offenders charged with engaging in sexual activity in the presence of a child or causing a child to watch a sexual act. Sentences are determined based on the seriousness of the offence, with extensive consideration of the offender's culpability and the harm inflicted. Specific aggravating and mitigating factors can adjust the sentence, with a maximum custodial sentence of 10 years.

Maximum sentence

10 years’ custody

Court

Triable either way

Offence range

Community order – 6 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Location of offence
  • ·Timing of offence
  • ·Offence committed whilst on bail
  • ·Offence facilitated by grooming
  • ·Isolated or public place

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Positive character and/or exemplary conduct
  • ·Age and/or lack of maturity
  • ·Demonstration of steps taken to address offending behaviour

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 — Determining the offence category
  2. Step 2 — Starting point and category range
  3. Step 3 — Consider any factors which indicate a reduction
  4. Step 4 — Reduction for guilty plea
  5. Step 5 — Dangerousness
  6. Step 6 — Totality principle
  7. Step 7 — Ancillary orders
  8. Step 8 — Reasons
  9. Step 9 — Consideration for time spent on bail

Guideline notes

  • This guideline applies only to offenders aged 18 and older.

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.