Why was this man not charged with this offence that it seems he has committed?
<p>I was reading this article, <a href="http://www.itv.com/news/wales/2016-02-04/man-jailed-after-sending-photos-of-his-genitals-to-undercover-police-officer/" rel="nofollow noreferrer">Man jailed after sending photos of his genitals to undercover police officer</a>.</p>

<p>This article states:</p>

<blockquote>
  <p>Malcolm Blount, 55, was caught by police after he emailed three pictures of his genitals to an officer posing as the 12-year-old girl. </p>
</blockquote>

<p>He was arrested for a few offenses but NOT Causing a child to watch a sexual act (Section 12 of the Sexual Offenses Act 2003). If you look at the <a href="http://www.sentencingcouncil.org.uk/wp-content/uploads/Final_Sexual_Offences_Definitive_Guideline_content_web1.pdf" rel="nofollow noreferrer">Sexual Offences
Definitive Guideline</a></p>

<p>One would think category 3 would apply. Perhaps I am not clear on what "Sexual activity" in the legal sense means. Would this boil down to the genital being erect or flaccid? There has been a recent provision to Section 67 of the serious crime Act (2015), called <a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/604931/circular-commencement-s67-serious-crime-act-2015.pdf" rel="nofollow noreferrer">sexual communications with a child (2017)</a>.</p>

<p>which he would have been charged with, but the offense was committed in 2016.</p>

<p>In this instance, what constitutes a bare minimum of sexual activity?  </p>

<p>There was no actual child who was caused to view the material, so there was no offense under that provision.</p>

<p>By contrast, inciting a child under 13 to engage in sexual activity is an <a href="https://en.wikipedia.org/wiki/Inchoate_offense" rel="nofollow noreferrer">inchoate offense</a>, so it is not necessary for any harm to an actual victim to have occurred.  Note that the relevant section of the <a href="http://www.legislation.gov.uk/ukpga/2003/42/contents" rel="nofollow noreferrer">Sexual Offenses Act 2003</a> concerns "causing or inciting," and that the charge was "inciting."  The section concerning watching a sexual act, by contrast, only inludes "causing."</p>

criminal-law united-kingdom sentencing