markrichardson
Judge Judy
- Messages
- 1,852
- Name
- Mark
- Edit My Images
- Yes
There seems to be a recurring cycle of discussion in this area so I thought it would be helpful to have the actual legislation in writing which should clear things up:
Sexual Offences Act 2003
Section 45. Indecent photographs of persons aged 16 or 17
(1) The Protection of Children Act 1978 (c. 37)(which makes provision about indecent photographs of persons under 16) is amended as follows.
(2) In section 2(3)(evidence) and section 7(6)(meaning of child), for 16 substitute "18".
The Protection of Children Act 1978 (as ammended)
Section 1. Indecent photographs of children.
(1) It is an offence for a person
(a) to take, or permit to be taken or to make, any indecent photograph or pseudo-photograph of a child; or
(b) to distribute or show such indecent photographs or pseudo-photographs; or
(c) to have in his possession such indecent photographs or pseudo-photographs, with a view to their being distributed or shown by himself or others; or
(d) to publish or cause to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such indecent photographs or pseudo-photographs, or intends to do so.
Section 7 Interpretation
(6) Child, subject to subsection (8), means a person under the age of 18
(8) If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.
Note 1: neither of these laws applies in Scotland, where the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, Section 52 says pretty much the same thing.
Note 2: there is an exception if you are married or living as if married with the 16 or 17 year old in question
Note 3: I'm not a lawyer, but this does seem fairly straight forward. The only issue is the definition of indecent, which is based on a mixture of statute and case law.
Sexual Offences Act 2003
Section 45. Indecent photographs of persons aged 16 or 17
(1) The Protection of Children Act 1978 (c. 37)(which makes provision about indecent photographs of persons under 16) is amended as follows.
(2) In section 2(3)(evidence) and section 7(6)(meaning of child), for 16 substitute "18".
The Protection of Children Act 1978 (as ammended)
Section 1. Indecent photographs of children.
(1) It is an offence for a person
(a) to take, or permit to be taken or to make, any indecent photograph or pseudo-photograph of a child; or
(b) to distribute or show such indecent photographs or pseudo-photographs; or
(c) to have in his possession such indecent photographs or pseudo-photographs, with a view to their being distributed or shown by himself or others; or
(d) to publish or cause to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such indecent photographs or pseudo-photographs, or intends to do so.
Section 7 Interpretation
(6) Child, subject to subsection (8), means a person under the age of 18
(8) If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.
Note 1: neither of these laws applies in Scotland, where the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, Section 52 says pretty much the same thing.
Note 2: there is an exception if you are married or living as if married with the 16 or 17 year old in question
Note 3: I'm not a lawyer, but this does seem fairly straight forward. The only issue is the definition of indecent, which is based on a mixture of statute and case law.
