52 Indecent photographs etc. of children.S
(1)Any person who—
(a)takes, or permits to be taken [or makes], any indecent photograph [or pseudo-photograph of a child]
(b)distributes or shows such an indecent photograph [or pseudo-photograph];
(c)has in his possession such an indecent photograph [or pseudo-photograph]with a view to its being distributed or shown by himself or others: or
(d)publishes or causes to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such an indecent photograph [or pseudo-photograph], or intends to do so
shall be guilty of an offence under this section.
(2)[In subsection (1) above “child” means, subject to subsection (2B) below, a person under the age of [18]; and] in proceedings under this section a person is to be taken as having been a child at any material time if it appears from the evidence as a whole that he was then under the age of [18].
[(2A)In this section, “pseudo-photograph” means an image, whether produced by computer-graphics or otherwise howsoever, which appears to be a photograph.
(2B)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.
(2C)In this section, references to an indecent pseudo-photograph include—
(a)a copy of an indecent pseudo-photograph;
(b)data stored on a computer disc or by other electronic means which is capable of conversion into [an indecent pseudo-photograph] .]
(3)A person guilty of an offence under this section shall be liable—
(a)on summary conviction, to imprisonment for a period not exceeding [6 months] or to a fine not exceeding the prescribed sum within the meaning of [section 225(8) of the Criminal Procedure (Scotland) Act 1995] (at the passing of this Act £1,000) or to both;
(b)on conviction on indictment, to imprisonment for a period not exceeding [[10 years]] or to a fine or to both.
(4)For the purposes of this section, a person is to be regarded as distributing an indecent photograph [ or pseudo-photograph] if he parts with possession of it to, or exposes or offers it for acquisition by, another person.
(5)Where a person is charged with an offfence under subsection (1)(b) or (c) above, it shall be a defence for him to prove—
(a)that he had a legitimate reason for distributing or showing the photograph [ or pseudo-photograph] or (as the case may be) having it in his possession; or
(b)that he had not himself seen the photograph [or pseudo-photograph] and did not know, nor had any cause to suspect, it to be indecent.
(6)In paragraph 2 of the Schedule to the Visiting Forces Act 1952 (offences against the person in the case of which a member of a visiting force is in certain circumstances not liable to be tried by a United Kingdom court) the word “ and” immediately preceding sub-paragraph (b)(iii) shall be omitted and after the said sub-paragraph (b)(iii) there shall be added—
“(iv)section 52(1)(a) of the Civic Government (Scotland) Act 1982.”
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)In this section—
(a)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;
(b)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;
[(c)references to a photograph include—
(i)the negative as well as the positive version; and
(ii)data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.]
(d)“film” includes any form of video-recording.
[(9)In this section, references to a photograph also include a tracing or other image, whether made by electronic or other means (of whatever nature), which is not itself a photograph or pseudo-photograph but which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both).
(10)And subsection (2B) applies in relation to such an image as it applies in relation to a pseudo-photograph.]
Textual Amendments
Modifications etc. (not altering text)
Marginal Citations