Criminal Justice Act 1988

160 [F1 Possession of indecent photograph of child] E+W

(1) [F2 Subject to section 160A,] it is an offence for a person to have any indecent photograph [F3 or pseudo-photograph]of a child F4 . . . 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 [F5 or pseudo-photograph] in his possession; or

(b) that he had not himself seen the photograph [F5 or pseudo-photograph] and did not know, nor had any cause to suspect, it to be indecent; or

(c) that the photograph [F5 or 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.

[F6 (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 [F7 imprisonment for a term not exceeding six months or] a fine not exceeding level 5 on the standard scale [F7 , or both].

(4) Sections 1(3), 2(3), 3 and 7 of the M1 Protection of Children Act 1978 shall have effect as if any reference in them to that Act included a reference to this section.

F8 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sidenote to s. 160 substituted (11.1.2001) by 2000 c. 43, s. 41(3)(b); S.I. 2000/3302, art. 2

F2 Words in s. 160(1) substituted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153(2)(b), Sch. 26 para. 24

F3 Words 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

F4 Words 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160(1) omitted (3.2.1995) by virtue of 1994 c. 33, s. 84(4)(a); S.I. 1995/127, art. 2(1), Sch. 1 (and expressed to be repealed (4.9.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/1957, art. 6)

F5 Words 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

F6 S. 160(2A) inserted (11.1.2001) by 2000 c. 43, s. 41(3)(a); S.I. 2000/3302, art. 2

F7 Words in s. 160(3) inserted (3.2.1995) by 1994 c. 33, s. 86(1); S.I. 1995/127, art. 2(1), Sch. 1

F8 S. 160(5) repealed (4.9.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/1957, art. 6

Marginal Citations

M1 1978 c. 37.