Part 2Criminal offences

Chapter 2Images of children

Prohibited images

64Defences

1

Where a person is charged with an offence under section 62(1), it is a defence for the person to prove any of the following matters—

a

that the person had a legitimate reason for being in possession of the image concerned;

b

that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be a prohibited image of a child;

c

that the person—

i

was sent the image concerned without any prior request having been made by or on behalf of the person, and

ii

did not keep it for an unreasonable time.

2

In this section “prohibited image” has the same meaning as in section 62.