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

s.9, s.10 Sexual Offences Act 2003 · Triable only on indictment (if penetration involved), otherwise, triable either way

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Sentencing framework

The guideline for these offences structures sentencing around the categories of harm and culpability. The court first determines the appropriate category based on the severity and planning involved in the crime, followed by establishing a starting point for sentencing, which can be adjusted based on any aggravating or mitigating circumstances. This framework ensures that sentencing is proportionate to the seriousness of the offence and the characteristics of the offender.

Maximum sentence

14 years’ custody

Court

Triable only on indictment (if penetration involved), otherwise, triable either way

Starting point

5 years’ custody

Offence range

Community order – 10 years’ custody

Aggravating factors

  • ·Use of threats (including blackmail)
  • ·Significant degree of planning
  • ·Abuse of trust
  • ·Sexual images of victim recorded, retained, solicited or shared
  • ·Specific targeting of a particularly vulnerable child
  • ·Significant disparity in age
  • ·Commercial exploitation and/or motivation
  • ·Offence motivated by hostility based on sexual orientation or disability
  • ·Commission of offence while on bail
  • ·Severe psychological or physical harm
  • ·Jecting ejaculation, pregnancy or STI as consequence of offence

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Previous good character and/or exemplary conduct
  • ·Age and/or lack of maturity
  • ·Mental disorder or learning disability

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 — reach a sentence within the category range based on starting points
  3. Step 3 — consider any factors that indicate a reduction
  4. Step 4 — apply reduction for guilty pleas
  5. Step 5 — assess dangerousness and whether extended or life sentences apply
  6. Step 6 — ensure the total sentence is just and proportionate
  7. Step 7 — consider ancillary orders
  8. Step 8 — provide reasons for the sentence
  9. Step 9 — evaluate time spent on bail

Guideline notes

  • This guideline applies only to offenders aged 18 and older. Sentencers should consider the seriousness of the offence and any mitigating or aggravating factors when determining the appropriate sentence.

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.