assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/416003/Fact_sheet_-_Offence_of_sexual_communication_with_a_child.pdf
The publication of sexual material to a child or children may, depending on the content and circumstances, amount to an offence under the Obscene Publications Act 1959. This offence attracts a maximum five year prison sentence. It does not attract automatic sex offender registration as it can be committed through the dissemination of material which is not of a sexual nature.
assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/604931/circular-commencement-s67-serious-crime-act-2015.pdf
SEXUAL COMMUNICATION WITH A CHILD: IMPLEMENTATION OF SECTION 67 OF THE SERIOUS CRIME ACT 2015
Section 67 of the Serious Crime Act 2015 inserts a new offence into the Sexual Offences Act 2003, at section 15A, criminalising sexual communication with a child.
The offence will be triable either way and will carry a maximum 2 year prison sentence. The provisions will come into effect on 3 April 2017 and will not be retrospective. The new offence will apply in England and Wales.
These changes will:
criminalise a person aged 18 or over who intentionally communicates with a child under 16, who the adult does not reasonably believe to be 16 or over, if the communication is sexual or if it is intended to encourage the child to make a communication which is sexual. The offence will be committed whether or not the child communicates with the adult.
The offence will apply only where the defendant can be shown to have acted for the purposes of obtaining sexual gratification and is subject to a 2 year maximum prison sentence
This change was brought in because:
What is the current law in this area?
^It may be possible to prosecute individuals for a range of offences in relation to this kind of behaviour, depending on the circumstances. For example, sections 8 and 10 of the Sexual Offences Act 2003 (the “SOA”) make it an offence to cause or incite a child under 13 or 16 respectively to engage in sexual activity. These offences carry
a maximum 14 year sentence. They could, depending on the circumstances, apply where a communication with a child (whether sexual or not) could be shown to have caused or incited some kind of penetrative sexual activity by the child. However, these offences are unlikely to apply if a communication (for example in the
form of an e-mail or a text message) sent to a child contains sexual content but does not in any way ask the child to engage in sexual activity.^
Section 127 of the Communications Act 2003 makes it an offence to send a message by means of a public electronic communications network (including the internet) if its content is grossly offensive, indecent, obscene or menacing.
Depending on the content of the message, this offence could apply where sexual messages are sent to a child by some form of electronic communication, such as text, e-mail or phone (although it would not cover non-electronic written messages or verbal communication, or electronic messages sent by a private network such as a school intranet). However this offence is not a sexual offence and does not attract sex offender registration. It would not be appropriate to change that position as the offence criminalises behaviour that may not be sexual in any way.
I think Asda are probably off the hook because of the intent section of that, but the former stuff about the Obscene Publication Act could be rather sticky for who ever is promoting and publishing this Magenta Book to minors. The paragraph about the 6 year old CAN NOT be claimed to be educational.