2. After Article 72 of the Sexual Offences (Northern Ireland) Order 2008 insert—
72A.—(1) A person (A) commits an offence if—
(a)A intentionally sends or gives to another person (B) a sexual image,
(b)A does so—
(i)without B’s consent, and
(ii)without reasonably believing that B consents, and
(c)either condition 1 or condition 2 is met.
(2) Condition 1 is that A intends that B will look at the image and that doing so will cause humiliation, alarm or distress to B.
(3) Condition 2 is that—
(a)A’s purpose in sending or giving the image is to obtain sexual gratification, and
(b)A is reckless as to whether B is humiliated, alarmed or distressed.
(4) For the purposes of this Article, a sexual image is a photograph or film of—
(a)any person engaging in a sexual activity, or
(b)any person’s genitals.
(5) In paragraph (4)—
“photograph” includes the negative as well as the positive version;
“film” means a moving image.
(6) References to a photograph or film also include—
(a)an image, whether made by computer graphics or in any other way, which appears to be a photograph or film,
(b)a copy of a photograph, film or image within sub-paragraph (a), and
(c)data stored by any means which is capable of conversion into a photograph, film or image within sub-paragraph (a).
(7) References to sending or giving such a photograph or film to another person include, in particular—
(a)sending it to another person by any means, electronically or otherwise,
(b)showing it to another person, and
(c)placing it for a particular person to find.
(8) A person guilty of an offence under this Article is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years.”.
Commencement Information
I1S. 2 not in operation at Royal Assent, see s. 30(2)
I2S. 2 in operation at 27.11.2023 by S.R. 2023/188, art. 3(a)