Section 75 Possession of advice or guidance about creating etc CSA images: England and Wales and Northern IrelandI1

Section 69 of the Serious Crime Act 2015 (possession of paedophile manual) is amended as follows.

In subsections (1) and (2)(b)(ii) after “sexually” insert “or creating CSA images”.

After subsection (2) insert—

“(2A)

In this section “abusing children sexually or creating CSA images” means—

(a)

in England and Wales, doing anything that constitutes—

(i)

an offence under section 1 of the Protection of Children Act 1978,

(ii)

an offence under Part 1 of the Sexual Offences Act 2003 against a person under the age of 16, or

(iii)

an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) against a person under the age of 16 that is committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation),

or doing anything outside England and Wales that would constitute such an offence if done in England and Wales;

(b)

in Northern Ireland, doing anything that constitutes—

(i)

an offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)),

(ii)

an offence under Part 2, 3 or 4 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) against a person under the age of 16, or

(iii)

an offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 against a person under the age of 16 that is committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation),

or doing anything outside Northern Ireland that would constitute such an offence if done in Northern Ireland;

or creating (anywhere) a prohibited image of a child within the meaning of section 62 of the Coroners and Justice Act 2009.”

In subsection (8) omit the definition of “abusing children sexually”.

In Schedule 3 to the Sexual Offences Act 2003, in paragraph 93A(1) (service offences) for “35B” substitute “35C”.

In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), for paragraph 35A (offences under the Serious Crime Act 2015) substitute—

“35A

An offence under any of the following provisions of the Serious Crime Act 2015—

• section 69 (possession of paedophile manual)

• section 75A (strangulation or suffocation).”