Part XI Miscellaneous

Possession of indecent photograph of child

160 Summary offence of possession of indecent photograph of child.

1

It is an offence for a person to have any indecent photograph F1or pseudo-photograph of a child F2. . . in his possession.

2

Where a person is charged with an offence under subsection (1) above, it shall be a defence for him to prove—

a

that he had a legitimate reason for having the photograph F3or pseudo-photograph in his possession; or

b

that he had not himself seen the photograph F3or pseudo-photograph and did not know, nor had any cause to suspect, it to be indecent; or

c

that the photograph F3or pseudo-photograph was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.

3

A person shall be liable on summary conviction of an offence under this section to F4imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale F4, or both.

4

Sections 1(3), 2(3), 3 and 7 of the M1Protection of Children Act 1978 shall have effect as if any reference in them to that Act included a reference to this section.

F55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .