Sexual activity with a child/ Causing or inciting a child to engage in sexual activity

s.9, s.10 Sexual Offences Act 2003 · Crown Court, Magistrates

Sentencing framework

The guideline for sentencing this offence outlines that the court should first determine the seriousness of the offence based on factors of culpability and harm. Depending on the category, a starting point for sentencing is set, and the maximum sentence could extend up to 14 years. Aggravating factors, such as previous convictions or the involvement of grooming, can increase the length of the sentence, while mitigating factors, like genuine remorse or a lack of previous convictions, can lead to a reduced sentence. The guideline aims to balance the need for punishment with the potential for rehabilitation.

Maximum sentence

14 years’ custody

Court

Crown Court, Magistrates

Starting point

5 years’ custody

Offence range

Community order – 10 years’ custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Offence facilitated by or involved grooming a person under the age of 18
·Severe psychological or physical harm
·Ejaculation
·Pregnancy or STI as a consequence of offence
·Location of offence
·Timing of offence
·Victim compelled to leave their home, school, etc.
·Failure to comply with current court orders
·Commission of offence whilst on licence
·Exploiting contact arrangements with a child to commit an offence
·Presence of others, especially other children
·Any steps taken to prevent the victim reporting an incident
·Attempts to dispose of or conceal evidence
·Failure of offender to respond to previous warnings
·Commission of offence whilst under the influence of alcohol or drugs
·Victim encouraged to recruit others
·Period over which offence committed

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Remorse
·Positive character and/or exemplary conduct
·Age and/or lack of maturity
·Mental disorder or learning disability
·Physical disability or serious medical condition
·Difficult and/or deprived background or personal circumstances
·Prospects of or in work, training or education

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

Step 1 — determining the offence category
Step 2 — starting point and category range
Step 3 — Consider any factors which indicate a reduction, such as assistance to the prosecution
Step 4 — Reduction for guilty plea
Step 5 — Dangerousness
Step 6 — Totality principle
Step 7 — Ancillary orders
Step 8 — Reasons
Step 9 — Consideration for time spent on bail (tagged curfew)

Guideline notes

The maximum sentence that applies to an offence is the maximum that applied at the date of the offence. The offender is subject to sexual harm prevention order upon conviction.

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.