Point in time view as at 24/03/2003.
Criminal Justice Act 1988, Section 161 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The following section shall be inserted after section 52 of the M1Civic Government (Scotland) Act 1982—
(1)It is an offence for a person to have any indecent photograph of a child (meaning in this section a person under the age of 16) in his possession.
(2)Where a person is charged with an offence under subsection (1), it shall be a defence for him to prove—
(a)that he had a legitimate reason for having the photograph in his possession; or
(b)that he had not himself seen the photograph and did not know, nor had any cause to suspect, it to be indecent; or
(c)that the 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 a fine not exceeding level 5 on the standard scale.
(4)Subsections (2) and (8) of section 52 of this Act shall have effect for the purposes of this section as they have for the purposes of that section.”.
(2)Section 52A of that Act shall not have effect in relation to anything done before it comes into force.
Marginal Citations
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