Part XI Miscellaneous

Possession of indecent photograph of child

160F1Possession of indecent photograph of child

(1)

F2Subject to section 160A, it is an offence for a person to have any indecent photograph F3or pseudo-photographof 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 F5or pseudo-photograph in his possession; or

(b)

that he had not himself seen the photograph F5or pseudo-photograph and did not know, nor had any cause to suspect, it to be indecent; or

(c)

that the photograph F5or 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 F7imprisonment 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 M1Protection of Children Act 1978 shall have effect as if any reference in them to that Act included a reference to this section.

F8(5)

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