Part 5Criminal law
Pornography etc.
I165Defences: general
1
Where a person is charged with an offence under section 63, it is a defence for the person to prove any of the matters mentioned in subsection (2).
2
The matters are—
a
that the person had a legitimate reason for being in possession of the image concerned;
b
that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an extreme pornographic image;
c
that the person—
i
was sent the image concerned without any prior request having been made by or on behalf of the person, and
ii
did not keep it for an unreasonable time.
3
In this section “extreme pornographic image” and “image” have the same meanings as in section 63.