What is the Sentence for Online Grooming Offences?

In today’s digitally connected world, new forms of criminal behaviour have arisen which use the internet to facilitate the offence. One of these types of offending is commonly referred to as ‘online grooming’, but this terminology is often a catch-all phrase which denotes a number of different offences.

This blog will explore the legal issues involved to offer information to both those who may have committed online grooming offences, but also to their families, potential victims and other parties who may be in some way involved in the commission of these offences. Whilst Old Bailey Solicitors are a specialist criminal defence firm, we recognise the far-reaching consequences of offending of this type. Therefore, this blog intends to educate and offer support, as well as a guide on the potential sentence for these offences.

Understanding Online Grooming

Online Grooming refers to the process by which an adult uses the internet, often on social networking platforms, to build relationships with children; oftentimes, intending to sexually exploit them. Whilst social media may be the most commonplace platform for this type of behaviour, others, including chat rooms, online gaming and meeting spaces, have also seen a rise in offending of this type.

The process of online grooming can be gradual, often involving a series of communications whereby the groomer poses as a friend, which develops into sexually explicit conversation, sending explicit images and, potentially, in person meetings.

The rise in police and vigilante groups posing as children online to catch perpetrators, has been significant in recent years. Fake profiles, involving photographs of consenting adults when they were children are often used and, whilst to many this may seem to be entrapment, these groups often allow the perpetrator to lead the conversation, and do not suggest or make the conversation sexually explicit themselves. In regards to severity of the crime, despite a child not being real and no genuine harm being caused in these instances, the courts treat ‘decoy’ matters as seriously as if a real child had been groomed.  The harm which would have been caused by the offender’s intended action, being the prevailing factor in sentencing.

As denoted above, online grooming offences are serious criminal offences, recognised under several pieces of legislation in England and Wales.

Legal Framework for Online Grooming Offences

The legal framework which addresses online grooming offences in England and Wales is robust, aiming to protect children from sexual exploitation. The Sexual Offences Act 2003 is the cornerstone legislation in respect of sexual offences, including those committed online. We have outlined below a few of the key measures from the Act, relevant to Online Grooming:

Section 15A Sexual Offences Act 2003- Sexual Communication with a Child:

Section 15A legislates upon Sexual Communications with a Child, which was brought into force by the 2015 Serious Crime Act. It is committed where a person, aged over 18, communicates sexually with another person, who is under 16, and where they do not reasonably believe that other person to be over the age of 16, for the purposes of sexual gratification.

This offence is committed where the communication is sexual, and does not necessarily denote grooming having taken place. For example, an individual who sends a child a sexually explicit message or image, for the purposes of sexual gratification, without prior conversation or reply, would be guilty of this offence. However, the legislation also covers fully sexualised conversations with children.

This offence is punishable by up to 2 years’ imprisonment.

Section 15 Sexual Offences Act 2003– Meeting a Child Following Sexual Grooming

Section 15 of the Sexual Offences Act 2003 takes the Section 15A offence on a step further. It is committed where a person, having communicated with a child under 16 (as in the s15A offence) either:

i) Intentionally meets; or

ii) Travels with the intention for meeting the child in any part of the world, or arranges to meet the child in any part of the world; or

iii) The child travels with the intention of meeting the person in any part of the world

And the person intents to do anything to, or in respect of, the child, which would constitute a ‘relevant offence’. These relevant offences include: rape, sexual touching (sexual assault), penetrative sexual assault, sexual activity with a child, causing or inciting a child to engage in sexual activity, engaging in sexual activity in the presence of a child or causing a child to watch a sexual act.

As explained above, this offence is one-step-further than the Section 15A offence, in that a physical action takes place following the sexual communication. This can be as simple as the person leaving their home to meet the child, but not making it due to train strikes, or as much as physically meeting the child. Oftentimes with vigilante groups or police decoys, the individual is intercepted at the meeting point, having intended to travel to meet the decoy child for a sexual purpose.

The Section 15 offence has a significantly larger sentence than for the Section 15A offence. It has a maximum sentence of 10 years’ imprisonment.  This reflects the potentially much greater harm involved in a physical meeting.

The courts will determine the starting point for sentence, depending on whether factors indicating raised harm and/or culpability are present.

The factors which indicate raised harm are:

i) Continued contact despite victim’s attempts to terminate the contact;

ii) Sexual images exchanged;

iii) Victim exposed to extreme sexual content (for example, extreme pornography);

iv) Child is particularly vulnerable due to personal circumstances

The factors which indicate raised culpability are:

i) Offender acts together with other to commit the offence;

ii) Communication indicates penetrative sexual activities are intended;

iii) Offender lied about age/persona;

iv) Use of threats, gifts or bribes;

v) Abuse of Trust;

vi) Abduction/Detention;

vii) Commercial Exploitation and/or motivation;

viii) Offence radically or religiously aggravated;

ix) Offence motivated by, or demonstrating hostility towards, victim due to sexual orientation (or presumed sexual orientation), transgender identity (or presumed transgender identity), or disability (or presumed disability)

If factors indicating both raised harm and raised culpability are present, the starting point for sentence is 4 years’ imprisonment, with a range of 3-7 years. If there is any factor indicating raised harm or raised culpability, the starting point for sentence is 2 years’ imprisonment, with a range of 1-4 years. If the grooming takes place without raised harm/culpability, the starting point for sentence is 18 months’ imprisonment, with a range of 1-2.5 years.

Section 14 Sexual Offences Act – Arranging or Facilitating Commission of a Child Sex Offence

A subtly different offence to the Section 15 offence, the arranging or facilitating offence, this offence does not require an actual meeting or attempted meeting to take place. The Section 14 offence requires a person to intentionally arrange or facilitate something that that person intends to do, intends another to do, or believes another will do, and doing that will involve the commission of a child sex offence.

Therefore, making plans to travel to meet a child for a sexual purpose would be sufficient to meet the criteria of this offence.

Sentencing for this offence is based upon the arranged or facilitated sexual offence. The more serious the arranged/facilitated offence, the more onerous the penalty. The offence has a maximum of life imprisonment when tried on indictment (at the Crown Court) and 26 weeks’ imprisonment when tried summarily (at the Magistrates’ Court). This offence is often linked with other offences and not usually tried summarily.

The sentencing guidelines for the offence which was arranged/facilitated are consulted in reaching the sentence for the offence. The maximum sentences are as follows:

Life imprisonment – for rape of a child under 13, penetrative sexual assault of a child under 13, causing or inciting a child under 13 to engage in sexual activity (where penetration is involved)

14 years’ imprisonment – for sexual assault of a child under 13, causing or inciting a child under 13 to engage in sexual activity (where no penetration is involved), sexual activity with a child,  causing or inciting a child to engage in sexual activity,

10 years’ imprisonment – for engaging in sexual activity in the presence of a child and causing a child to watch a sexual act.

There are also a number of other associated offences which often relate to online grooming, such as:

i) Possession of Indecent Images of Children

ii) Causing or Inciting a Child to engage in Sexual Activity

iii) Causing a Child to Watch a Sexual Act

For a more in-depth guide to each these individual offences, please see our blogs here.

Defences to Online Grooming Offences

Old Bailey Solicitors will assess your individual case and guide you on your best options. It may be the case that you have a defence to an online grooming offence. We will explore this with you and look to build a robust defence strategy, to give you the best chance of success.

Common defences for some online grooming offences include:

i) You demonstrate you were not the person engaging in the sexual communication,

ii) You demonstrate that the communication was not sexual

iii) Demonstrating you reasonably believed the other party to be over the age of 16 (note, for Indecent Images of Children offences, a child is any person under 18);

Of course, each case is individual and we will assess the availability and weight of any defence in your case. Our expert sexual offence solicitors will work with you to challenge evidence, build a robust defence and aim to achieve the best outcome for you. 

Consequences Beyond Sentencing

The consequences of a conviction for an online grooming or other sexual offence against a child extends beyond the court imposed sentence. If you plead or are found guilty to one of these offences, you will most likely be made subject to Notification Requirements (often referred to as the ‘Sex Offenders’ Register’). Other court orders such as a Sexual Harm Prevention Order or a Sexual Risk Order may be imposed which restrict a person’s activities to protect the public from harm.

Further, convictions can have lasting impacts on an individual’s personal and professional life. It can result in loss of employment or prevent a person from being employed in certain sectors.

Prevention and Support

Preventing online grooming offences is a societal responsibility that involves parents, educators and law enforcement working together. Parents should educate their children regarding online safety and monitor their online activities. For victims and their families, there are numerous support services available, such as the NSPCC.

If you believe you are at risk of committing an online grooming offence, or have sexual ideations towards children, there are also support services that can help. Whilst this is an understandably sensitive topic, there are a number of charities which can offer help and support. For more information, please visit:

Stop It Now | Preventing child sexual abuse

Lucy Faithfull Foundation | Preventing Child Sex Abuse

How we can help?

It is rare that a person anticipates an arrest and has ample time to prepare to speak to police, especially when in relation to an online grooming type offence. If you are arrested and need legal advice from one of our expert police station representatives, ensure you ask for Old Bailey Solicitors when you arrive at the police station. Our solicitors and police station representatives are available to attend the police station 24/7, and can guide you through the process from the earliest stage of your case, which is often the most vital.

If you have already been interviewed by the police, are awaiting a potential charge or have been charged with an offence relating to online grooming, our specialist sexual offence solicitors can assist.

Offences of this nature have vast consequences on conviction, and therefore is it incredibly important to seek legal advice from experts in this field. Old Bailey Solicitors have an impressive track record in cases of this nature and treat each case with the sensitivity and non-judgemental manner we know our clients need.

See our blog below regarding Choosing the Right Sexual Offences Solicitor to see how Old Bailey Solicitors might be the right fit for you and your case.