Part XI Miscellaneous

Possession of indecent photograph of child

160F1Possession of indecent photograph of child

1

F8Subject to subsection (1A), 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.

F52A

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.

F75

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