Fellatio from a 14 year old, to a 17 year old? Without relationship. ILLEGAL (*1)
Sex between a 15 year old and a 17 year old? Without relationship. ILLEGAL (*1)
Sex between a 15 year old and an 18 year old, in a committed relationship with no domestic abuse? ILLEGAL (*2)
Use and sale of Marijuana? ILLEGAL (*3)
Holding an image of two under 16 girls, in just underwear, on a mobile device? ILLEGAL/LEGAL? (*4)
(1*) Offence of sexual activity with a child, contrary to S9 Sexual Offences Act 2003 , however because offender is under 18 the offence is dealt with by S13 Sexual Offences Act 2003, and therefore if found guilty would be liable to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; OR on conviction on indictment, to imprisonment for a term not exceeding 5 years.
(2*) Offence of sexual activity with a child contrary to S9 Sexual Offences Act 2003, because the offender is over 18 the substantive offence is used and because the activity involved penetration if found guilty would be liable to imprisonment for a term not exceeding 14 years. The relationship is irrelevant and would only go to show that they knew of the girl's age.
(3*) Offence of Possession of cannabis (a Class B controlled drug) with intent to supply is contrary to S5(3) Misuse of Drugs Act 1971. If found guilty summarily he may be liable up to a £5000 fine, six months imprisonment or both. If found guilty on indictment he would be liable to an unlimited fine, up to 14 years imprisonment or both. There are other offences though it is most likely that possession with intent to supply will be appropriate if a large quantity of drugs are found in his possession alongside evidence of dealing.
(4*) It is unclear what offence has been committed if any. Dependent upon the photographs themselves, how he came to be in their possession and what he intended to do with them he may commit an offence contrary to the Protection of Children Act 1978.
All advice given is in good faith, but with all legal queries you are advised to seek professional legal advice. I will not take liability for any actions you take having read the advice as it is intended for educational and discussion purposes only.
Edited by MerseyLLB, 27 February 2013 - 02:47 AM.