What UK Criminal Justice Act 1988 Section 160 - Possession of Indecent Photograph of a Child requires
Section 160 of the Criminal Justice Act 1988 makes it an offence for a person to have any indecent photograph or pseudo-photograph of a child in their possession. Three statutory defences are available on the defendant proving (a) a legitimate reason for possession, (b) that the defendant had not seen the image and did not know nor had cause to suspect it was indecent, or (c) that the image was sent without prior request and was not kept for an unreasonable time. Maximum penalty: 5 years' imprisonment on indictment; 6 months and/or level-5 fine on summary conviction. Section 160 is the principal simple-possession offence supplementing the PCA 1978 making and distribution offences.
Pillar: Adult Industry & Sexual Content Compliance · Authority: Parliament of the United Kingdom · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/1988/33/section/160
SHA-256 integrity: 954965c51f9b8a8f394d3be877ecebd2fcbcb5609e8c8872a32b70d627df2f91
Primary Citations — 9 traced to source
- Criminal Justice Act 1988 (c. 33) Section 160 (Possession of indecent photograph of child) subsection (1): 'Subject to section 160A, it is an offence for a person to have any indecent photograph or pseudo-photograph of a child in his possession.' (legislation.gov.uk/ukpga/1988/33/section/160)
- Criminal Justice Act 1988 Section 160(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 or pseudo-photograph in his possession; or (b) that he had not himself seen the photograph or pseudo-photograph and did not know, nor had any cause to suspect, it to be indecent; or (c) that the photograph or 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.'
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