(1)It is an offence for a person to have any indecent photograph [F2or pseudo-photograph] of a child F3. . . 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 [F4or pseudo-photograph] in his possession; or
(b)that he had not himself seen the photograph [F4or pseudo-photograph] and did not know, nor had any cause to suspect, it to be indecent; or
(c)that the photograph [F4or 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.
[F5(2A)A person shall be liable on conviction on indictment of an offence under this section to imprisonment for a term not exceeding five years or a fine, or both.]
(3)A person shall be liable on summary conviction of an offence under this section to [F6imprisonment for a term not exceeding six months or] a fine not exceeding level 5 on the standard scale [F6, 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.
F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sidenote to s. 160 substituted (11.1.2001) by 2000 c. 43, s. 41(3)(b); S.I. 2000/3302, art. 2
F2Words in s. 160(1) inserted (3.2.1995) by 1994 c. 33, s. 84(4)(a); S.I. 1995/127, art. 2(1), Sch. 1
F3Words in s. 160(1) omitted (3.2.1995) by virtue of 1994 c. 33, s. 84(4)(a); S.I. 1995/127, art. 2(1), Sch. 1 (and expressed to be repealed (4.9.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/1957, art. 6)
F4Words in s. 160(2)(a)-(c) inserted (3.2.1995) by 1994 c. 33, s. 84(4)(b); S.I. 1995/127, art. 2(1), Sch. 1
F5S. 160(2A) inserted (11.1.2001) by 2000 c. 43, s. 41(3)(a); S.I. 2000/3302, art. 2
F6Words in s. 160(3) inserted (3.2.1995) by 1994 c. 33, s. 86(1); S.I. 1995/127, art. 2(1), Sch. 1
F7S. 160(5) repealed (4.9.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/1957, art. 6
Marginal Citations