Moved by
Lord Harris of Haringey
46: After Clause 66, insert the following new Clause—
“Protection of children from sexual communications
(1) A person (“A”) commits an offence where A intentionally communicates with another person (“B”) in the following circumstances—
(a) A is aged 18 or over,
(b) either—
(i) B is under 16 and A does not reasonably believe that B is 16 or over, or
(ii) B is under 13,
(c) the content of the communication is sexual or intended to elicit a response that is sexual, and
(d) subject to subsection (3) below, A’s purpose in sending the communication or seeking a response is sexual.
(2) The communication may be in any form including verbal, written or pictorial (which may include still or moving images) and may be conveyed by any means whatever.
(3) A does not commit the offence in subsection (1) above where the purpose of the communication is for the protection of the child to which the communication is sent.
(4) For the purposes of subsection (3), a person acts for the protection of a child if he acts for the purpose of—
(a) protecting the child from sexually transmitted infection,
(b) protecting the physical safety of the child,
(c) preventing the child from becoming pregnant, or
(d) promoting the child’s emotional well-being by the giving of advice, and not for a sexual purpose.”