Is it illegal for an adult to talk to a minor online?

One of the great things about the internet and messaging apps is the ability to communicate with all kinds of people from all walks of life across the globe. However, in some cases, adults might find themselves talking to minors under 18 years of age.

Of course, an adult talking to someone under 18 years old isn’t automatically against the law or insidious. There are plenty of situations where it could be a good-faith conversation, but this is largely dependent on the context.

When it comes to sexual relationships, it’s widely known that the age of consent for sex is 16 years old and that it’s illegal for anyone over 18 years old to engage in sexual activity with a minor – but some people may not realise how this can extend to communications as well.

The UK government updated sexual offence legislation in 2017 to help protect kids from being exploited by adults online, making it a criminal offence to communicate with a minor under 16 years old in a sexual manner. This filled a gap previously left between child grooming and inciting sexual activity with a child.

Here’s what everyone should know about this area of the law, including what the charges and penalties could be for the prosecution or conviction of sexual communications with a minor.

Is sexual communication with a minor a crime?

Yes. As of April 2017, Section 67 of the Serious Crime Act 2015 updated the Sexual Offences Act 2003 with Section 15A, officially making it a criminal offence for an adult to intentionally communicate with a minor under the age of 16 for sexual purposes.

Under this legislation, Person A is committing an offence if they:

Are 18 years old or above
Intentionally communicate with Person B who is under 16 years old
Do not have a reasonable belief that Person B is 16 years old or above
Send communications of a sexual nature to Person B or encourage Person B to engage in sexual communications with them
Are doing so for their sexual gratification or to encourage Person B to engage in sexual activity

This messaging activity may also be considered grooming. If the adult receives sexual images of the child or attempts to procure them, this also falls under the Protection of Children Act 1978 as an indecent images offence.

If it escalates to the adult encouraging the child to meet up in real life to engage in physical sexual activity, this also becomes the offence of inciting sexual activity with a child under Section 10 of the Sexual Offences Act.

What counts as sexual communication with a child?

A communication is sexual if any part relates to sexual activity, or if a reasonable person would consider any part of it sexual in all circumstances regardless of purpose.

This applies to all forms of communication – not just online or text messaging, but also written notes letters or oral communications via phone call or in person.

Some examples of illegal sexual communications include:

Sexting – An adult sending explicit text messages to a child (e.g. discussing sexual acts or fantasies or sending sexual pictures or videos to them).
Online chats – An adult entering online spaces frequented by minors, such as social media platforms, chat rooms, or forums, to engage in sexual discussions.
Video calls – An adult engaging in video calls with a child encourages sexual interaction, such as performing sexual acts on camera.
Sharing pornographic material – An adult exposing a child to sexually explicit materials, for example, pressuring them to look at or watch porn.
Sending sexual gifts – An adult purchasing sexually explicit objects as gifts for the child with the intent of encouraging the child to use them.

Sexual communication with minors is commonly referred to as online grooming because it often takes place in online forums and on social media, or via digital channels like email, WhatsApp, or Facebook Messenger.

Grooming behaviour typically involves an adult befriending a child online and talking with them or sending them gifts to gain their trust. Before gradually introducing sexual topics with the intention of inciting the child to engage in sexual acts. This may progress to the adult arranging to secretly meet the child in person without the knowledge of their parents.

Previously, charges could not be brought until the communication developed further (e.g. involving indecent images or arranging a sexual encounter) – but now the communication is itself a criminal offence.

How do the police investigate sexual communications with children?

If the police suspect someone of committing this offence, they will investigate. This may be prompted by allegations made against the suspect by the victim or someone who knows the victim, or in some cases, by sting operations.

Though it’s less common due to laws concerning entrapment and vigilante justice. Sometimes undercover police or so-called ‘paedophile hunters’ will pretend to be children online and report any adults who attempt to engage in sexual communications with the fake accounts.

The police will gather evidence and interview any witnesses. Depending on the severity of the communications, will either contact the suspect to request a voluntary interview or arrest them and take them in for questioning.

Anyone who is interviewed by the police under caution has the right to remain silent and the right to legal representation. It’s best to hire a specialist solicitor who can help with answering questions and making a formal statement, as anything done or said can be used in court.

The police interview may happen before or after a search and seizure – where the police get a warrant to search the suspect’s residence for evidence related to the alleged offence. For example, they may seize all electronic devices and spend months analysing them.

During the ongoing investigation, depending on the severity of the alleged offence and level of evidence, the suspect may be released under investigation, released on bail, or held in custody until the investigation is complete.

The police will then pass the case to the Crown Prosecution Service (CPS) to review the evidence and decide whether to proceed with pressing criminal charges. Depending on this decision, the suspect will either be released without charge or charged with an offence (or multiple offences, if applicable) and given a date to appear in court.

Can you go to prison for sexual communication with a minor?

If the defendant pleads not guilty, the case will go to trial. Appropriate legal representation is key at this stage to present a strong defence, as everyone has the right to a fair legal process.

Should the trial result in a conviction, the court will determine the appropriate sentence – which could range from a fine and community order to imprisonment for up to 2 years.

While 2 years in prison is the maximum penalty for sexual communication with a child. If this crime was committed alongside other offences, the total sentence could be much higher. For example, the penalty for an indecent images offence or for grooming a child into a sexual meeting could each range up to 10 years in prison.

The sentence imposed can vary between the minimum and maximum depending on the circumstances of the case and relevant factors.

How does the court decide the sentence?

First, the court will categorise the offence based on the level of harm caused and the defendant’s culpability. The highest categories involve the sending of sexual images, causing significant psychological distress to the victim, and the abuse of trust, use of threats, or targeting of a particularly vulnerable victim.

Next, the court will take any aggravating factors and mitigating factors into account. Aggravating factors can increase the severity of the sentence, and include:

Previous convictions or committing the offence while on bail
Targeting a particularly young or vulnerable child
Causing the victim severe distress
Offering financial awards to the victim
Attempting to prevent the victim from telling anyone
Being motivated by characteristics such as the victim’s race, religion, sexual orientation, gender identity, or disability

Meanwhile, mitigating factors may reduce the severity of the sentence, and include:

Lack of prior convictions and presence of genuine remorse
Previous good character and exemplary conduct
The defendant’s young age or lack of maturity
Any conditions such as mental disorders or learning difficulties the defendant may have
Adverse personal circumstances such as bereavement, poor health, trauma, or dealing with issues with alcohol or drug addiction
Taking steps to address causes of offending, such as self-referral to a psychologist

These elements all affect the court’s sentencing decision to ensure the punishment aligns with the circumstances of the case.

It’s therefore important to have an experienced solicitor present mitigating factors, such as cooperation with the authorities, clear remorse, mental health issues, or misunderstandings regarding the age of the minor.

Will you be put on the Sex Offenders’ Register?

In addition to potentially serving a prison sentence and obtaining a criminal record, anyone convicted of such an offence may be subject to a Sexual Harm Prevention Order (SHPO) for a minimum of 5 years – which comes with notification requirements commonly known as ‘being on the Sex Offenders’ Register’.

This can come with restrictions on where you can work and travel. Whether you can be around children, and how you are allowed to use the internet. All of this can make it difficult to get a job, travel abroad, or maintain personal relationships. Along with the reputational damage of being a registered sex offender.

Is there a defence for sexual communication with a child?

If you have been accused of sexual communication with a child, or someone you know has been accused, there are a few possible legal defences. You must be able to prove that:

You had reasonable belief the person you were talking to was over 16 (e.g. the minor lied about their age, or you never saw what they looked like)
The communication was not sexual nor intended to be and was misinterpreted
There was no intent to obtain sexual gratification from the communication

These defences would depend on the evidence available. Which normally involves a large quantity of digital evidence obtained by the police during their investigation.

It will typically be immediately apparent whether a communication has a sexual nature or encourages the child to talk about something sexual. Records of online chats can usually be retrieved as evidence of what was said or done and whether the age of the child was known.

Given the severe nature of this offence and its penalties, allegations and charges must be taken very seriously. It cannot be dismissed as ‘just a joke’ or ‘flirting’ – especially if the solicitation or exchange of sexual images is involved.

In such a case, it would be best to speak to indecent images solicitors at the earliest opportunity. Specialist legal support can drastically influence the outcome of an investigation or a court case, helping you to navigate complex laws and advocate for your rights.