Extent Information
E1Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).
Modifications etc. (not altering text)
C1Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V
Commencement Information
I1Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.
(1)Any person who—
(a)takes, or permits to be taken [F1or makes], any indecent photograph [F2or pseudo-photograph of a child]
(b)distributes or shows such an indecent photograph [F3or pseudo-photograph];
(c)has in his possession such an indecent photograph [F3or 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 [F3or pseudo-photograph], or intends to do so
shall be guilty of an offence under this section.
(2)[F4In subsection (1) above “child” means, subject to subsection (2B) below, a person under the age of 16; 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 16.
[F5(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 a 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 [F66 months] or to a fine not exceeding the prescribed sum within the meaning of [F7section 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 [F83 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 [F9 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 [F9 or pseudo-photograph] or (as the case may be) having it in his possession; or
(b)that he had not himself seen the photograph [F9or 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 M1 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)References in the M2Criminal Procedure (Scotland) Act 1975 (except in sections 171 and 368 thereof) [F10and in Part III of the Social Work (Scotland) Act 1968 (children in need of compulsory measures of care)] to the offences mentioned in Schedule 1 to that Act shall include an offence under subsection (1)(a) above.
(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;
[F11(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.
Textual Amendments
F1Words in s. 52(1)(a) inserted (3.2.1995) by 1994 c. 33, s. 84(6)(a)(i) (with Sch. 9 para. 17)
F2Words in s. 52(1)(a) substituted (3.2.1995) by 1994 c. 33, s. 84(6)(a)(ii) (with Sch. 9 para. 17
F3Words 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
F4Words 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
F5S. 52(2A)-(2C) added (3.2.1995) by 1994 c. 33, s. 84(6)(d); S.I. 1995/127, art. 2(1), Sch. 1
F6Words 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
F7Words in s. 52(3) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 44(3)
F8Words 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
F9Words 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
F10Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:2), s. 170(1) Sch. 15 para. 89
F11S. 52(8)(c) substituted (3.2.1995) by 1994 c. 33, s. 84(6)(g); S.I. 1995/127, art. 2(1), Sch. 1
Modifications etc. (not altering text)
C2The 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.
Marginal Citations