Words in s. 52(1)(a) inserted (3.2.1995) by 1994 c. 33, s. 84(6)(a)(i) (with Sch. 9 para. 17)
Words in s. 52(1)(a) substituted (3.2.1995) by 1994 c. 33, s. 84(6)(a)(ii) (with Sch. 9 para. 17
Words in s. 52(1)(b)(c)(d) inserted (3.2.1995) by 1994 c. 33, s. 84(6)(b); S.I. 1995/127, art. 2(1), Sch. 1
Words in s. 52(2) inserted (3.2.1995) by 1994 c. 33, s. 84(6)(c); S.I. 1995/127, art. 2(1), Sch. 1
Word in s. 52(2) substituted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 16(2), 20(2); S.S.I. 2005/480, art. 2
S. 52(2A)-(2C) added (3.2.1995) by 1994 c. 33, s. 84(6)(d); S.I. 1995/127, art. 2(1), Sch. 1
Words in s. 52(3)(a) substituted (3.2.1995) by 1994 c. 33, s. 84(6)(e)(i); S.I. 1995/127, art. 2(1), Sch. 1
Words in s. 52(3) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 44(3)
Words in s. 52(3)(b) substituted (3.2.1995) by 1994 c. 33, s. 84(6)(e)(ii); S.I. 1995/127, art. 2(1), Sch. 1
Words in s. 52(3)(b) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 19(1)(a), 89(2); S.S.I. 2003/288, art. 2, sch.
Words in s. 52(4)(5)(a)(b) substituted (3.2.1995) by 1994 c. 33, s. 84(6)(f); S.I. 1995/127, art. 2(1), Sch. 1
Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:2), s. 170(1) Sch. 15 para. 89
S. 52(8)(c) substituted (3.2.1995) by 1994 c. 33, s. 84(6)(g); S.I. 1995/127, art. 2(1), Sch. 1
S. 52(2)-(2C) applied (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 3 para. 97(b); S.S.I. 2004/138, art. 2; S.I. 2004/874, art. 2
The text of ss. 16, 18(11), 51(7) and 52(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
S. 52(8) applied (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 3 para. 97(b); S.S.I. 2004/138, art. 2; S.I. 2004/874, art. 2
Any person who—
takes, or permits to be taken
distributes or shows such an indecent photograph
has in his possession such an indecent photograph
publishes or causes to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such an indecent photograph
shall be guilty of an offence under this section.
In this section, “
If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.
In this section, references to an indecent pseudo-photograph include—
a copy of an indecent pseudo-photograph;
data stored on a computer disc or by other electronic means which is capable of conversion into a pseudo-photograph.
A person guilty of an offence under this section shall be liable—
on summary conviction, to imprisonment for a period not exceeding
on conviction on indictment, to imprisonment for a period not exceeding
For the purposes of this section, a person is to be regarded as distributing an indecent photograph
Where a person is charged with an offfence under subsection (1)(b) or (c) above, it shall be a defence for him to prove—
that he had a legitimate reason for distributing or showing the photograph
that he had not himself seen the photograph
section 52(1)(a) of the Civic Government (Scotland) Act 1982.
References in the
In this section—
references to an indecent photograph include an indecent film, a copy of an indecent photograph or film and an indecent photograph comprised in a film;
a photograph (including one comprised in a film) shall, if it shows a child and is indecent, be treated for all purposes of this section as an indecent photograph of a child;
references to a photograph include—
the negative as well as the positive version; and
data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.
“