Is causing or inciting a child to engage in sexual activity triable either way?

It depends on whether the activity caused or incited involved penetration. Where it did not, the offence is triable either way under s.10(3) — maximum 14 years on indictment or 6 months summarily. Where it did, the offence is indictable only under s.10(2) — still a maximum of 14 years; only the mode of trial changes, not the maximum.

Does the defendant's belief about the child's age matter?

Only where the child is aged 13-15. There, A has a defence if A reasonably believed B was 16 or over. Where B is under 13, there is no belief-in-age defence at all.

What power lets me arrest for this offence?

PACE 1984 s.24 — arrest without warrant where you have reasonable grounds to suspect the offence and an arrest is necessary on one of the s.24(5) grounds. There is no separate statutory power of arrest in the Sexual Offences Act 2003 for this offence.

Causing or inciting a child to engage in sexual activity

The offence of causing or inciting a child to engage in sexual activity under s.10 Sexual Offences Act 2003 — the statutory elements (points to prove) reproduced verbatim, the penetration/non-penetration mode-of-trial split, and the arrest power, for frontline officers.

Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).

Reviewed by the BlueLineHub Editorial Team

Last reviewed: 28 August 2026 · Next review due: 28 February 2027

Reviewed by BlueLineHub Editorial

What are the points to prove for causing or inciting a child to engage in sexual activity under s.10 Sexual Offences Act 2003?

s.10(1) requires: (1) A, aged 18 or over, intentionally causes or incites another person (B) to engage in an activity, (2) the activity is sexual (s.78), and (3) either B is under 16 and A does not reasonably believe B is 16 or over, or B is under 13, reproduced verbatim below.

The offence is triable either way, maximum 14 years' imprisonment on indictment or 6 months summarily (s.10(3)) — unless the activity caused or incited involved penetration, in which case it is indictable only, still with a maximum of 14 years' imprisonment (s.10(2)); the penetration branch changes the MODE of trial, not the maximum.

All offence cards

Causing or inciting a child to engage in sexual activity is defined by s.10(1) Sexual Offences Act 2003: a person (A) aged 18 or over intentionally causes or incites another person (B) to engage in an activity, the activity is sexual, and either B is under 16 and A does not reasonably believe B is 16 or over, or B is under 13. This is not a consent offence — ss.74-76 do not apply. The offence and "sexual" (s.78) are reproduced verbatim below. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.

Offence

s.10 Sexual Offences Act 2003

Mode of trial

Triable either way; indictable only where the activity involved penetration (s.10(2))

Maximum sentence

14 years' imprisonment on conviction on indictment — the same maximum applies whether the activity caused or incited involved penetration (s.10(2), indictable only) or not (s.10(3), triable either way). Where s.10(3) applies, the summary maximum is 6 months' imprisonment. Penetration changes the mode of trial, not the maximum.

Points to prove — statutory elements

Reproduced verbatim from the Act as published on legislation.gov.uk. These are the statutory elements, not a paraphrase — confirm the up-to-date text and any amendments at the source.

The summary penalty reproduced below refers to 'a fine not exceeding the statutory maximum'. Since section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (in force 12 March 2015) that summary fine is UNLIMITED. The '6 months' summary custodial figure is current. This caveat applies only to the s.10(3) branch of the offence (no penetration) — the s.10(2) penetration branch is indictable only and carries no summary fine line.

s.10 — Causing or inciting a child to engage in sexual activitythe offence

(1) A person aged 18 or over (A) commits an offence if—

(a) he intentionally causes or incites another person (B) to engage in an activity,

(b) the activity is sexual, and

(i) B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii) B is under 13.

(2) A person guilty of an offence under this section, if the activity caused or incited involved—

(a) penetration of B’s anus or vagina,

(b) penetration of B’s mouth with a person’s penis,

(d) penetration of a person’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(3) Unless subsection (2) applies, a person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

Read s.10 on legislation.gov.uk

s.78 — “Sexual”"sexual"

For the purposes of this Part (except sections 15A , 66B to 66D and 71 ), penetration, touching or any other activity is sexual if a reasonable person would consider that—

(a) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or

(b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.

Read s.78 on legislation.gov.uk

Powers of arrest & search

Arrest without warrants.24

A constable may arrest without warrant anyone whom they have reasonable grounds to suspect of committing this offence, where an arrest is necessary on one of the s.24(5) grounds (PACE 1984 s.24). There is no separate statutory power of arrest in the Sexual Offences Act 2003 for this offence.

Code of Practice: PACE Code G — arrest →

CPS charging guidance

Verbatim extracts from the CPS charging guidance (Crown copyright, reproduced under the Open Government Licence v3.0). CPS revises this guidance — confirm against the live page and current law.

Offences against children under 16 (sections 9 - 13)ss.9-13 — key points & charging practice

The 2003 Act provides that the age of consent is 16. Sections 9 -13 clarify that any sexual activity involving consenting children under 16 is unlawful. Sections 9-12 cover adult defendants. Section 13 relates to child defendants.

Section 9 Sexual activity with a child

Section 10 Causing or inciting a child to engage in sexual activity

Section 11 Engaging in sexual activity in the presence of a child

Section 12 Causing a child to watch a sexual act

Key Points:

Consent is irrelevant.

There is a defence of reasonable belief that the child is 16 years or over. The defence of reasonable belief does not apply if the child is under 13 years.

There is no defence for lawfully married overseas couples where one party is under 16.

Sections 9 and 10 create two separate offences of penetrative and non-penetrative sexual activity. If penetration is involved the offence is indictable only. The maximum sentence on indictment is 14 years.

Sections 11 and 12 are either way offences which attract a maximum sentence of 10 years imprisonment.

Under section 11, there is no requirement that the complainant is actually aware of the activity, though there is a requirement that the complainant is present, or could potentially observe it. Observation can be via a webcam and includes an image.

In accordance with section 13 a person under 18 commits an offence if he does anything which would amount to an offence under sections 9-12.

Charging Practice:

When there is an absence of consent, and an absence of reasonable belief in consent, offences contrary to sections 1-4 are also available. However, prosecutors should always have regard to available sentencing options.

Where there is a clear complaint of rape of a child aged 13-15, then a charge of section 1 (rape) should always be preferred to a charge of section 9 (sexual activity with a child). Section 9 should only be considered when the prosecutor concludes that it will not be possible to prove an absence of consent. Prosecutors should be alert to the need for careful consideration of factors such as the presence of coercion, exploitation, and grooming when assessing whether or not the child freely consented.

In cases where there is clear evidence of a familial relationship, offences contrary to section 25 or section 26 (familial child sex offences) should be considered rather than sections 9 or 10.

This section should be read alongside chapter 9 Allegations involving children and young people.

Read on cps.gov.uk

Sexual Offences Act 2003 - definition of ‘sexual’‘sexual’ defined (s.78)

The definition of sexual is contained within section 78 of the Sexual Offences Act 2003 and applies to all offences in part 1 of the Act, with the exception of section 71 (sexual activity in a public lavatory).

Penetration, touching or any other activity is sexual if a reasonable person would consider that:

whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or

because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.

In deciding whether an activity is sexual look first at the nature of the activity. If the activity is by its nature sexual (for example, sexual intercourse, masturbation) then it is sexual for the purposes of the legislation.

Where the nature of the activity may or may not be sexual prosecutors should consider the circumstances or purpose (or both) of the defendant in deciding whether it is sexual.

Where the nature of the act cannot be sexual, it is not made sexual by a person having a secret fetish.

Touching of clothing might be sexual as in the case of R v H [2005] EWCA Crim 732.

Read on cps.gov.uk

Sexual activity with a child / causing or inciting — Sentencing Council guideline (ss.9 & 10)Legislation Quick Reference

Incitement alone completes this offence — s.10(1) is committed whether or not the activity incited actually takes place. Causing requires the activity to occur; inciting does not.
A must be aged 18 or over. Where the alleged offender is themselves under 18, the relevant offence is s.13 Sexual Offences Act 2003 (child sex offences committed by children or young persons), which carries a lower maximum.
A reasonable-belief-in-age defence is available only where B is 13-15 (A must not reasonably believe B was 16 or over). Where B is under 13, there is no belief-in-age defence.
Whether the activity caused or incited involved penetration (s.10(2)) determines the MODE of trial only — both branches carry the same 14-year maximum on indictment. Check s.10(2) against s.10(3) before classifying the offence.
This is not a consent offence: unlike ss.1-4, there is no 'without consent' element and ss.74-76 (consent, and the evidential/conclusive presumptions) do not apply.
A conviction under s.10 attracts notification requirements (registration as a sex offender) under Part 2 Sexual Offences Act 2003.

Frequently asked

Is causing or inciting a child to engage in sexual activity triable either way?: It depends on whether the activity caused or incited involved penetration. Where it did not, the offence is triable either way under s.10(3) — maximum 14 years on indictment or 6 months summarily. Where it did, the offence is indictable only under s.10(2) — still a maximum of 14 years; only the mode of trial changes, not the maximum.
Does the defendant's belief about the child's age matter?: Only where the child is aged 13-15. There, A has a defence if A reasonably believed B was 16 or over. Where B is under 13, there is no belief-in-age defence at all.
What power lets me arrest for this offence?: PACE 1984 s.24 — arrest without warrant where you have reasonable grounds to suspect the offence and an arrest is necessary on one of the s.24(5) grounds. There is no separate statutory power of arrest in the Sexual Offences Act 2003 for this offence.