Section 160 Possession of indecent photograph of childF8

England and Wales

(1)

F1Subject to section 160A, it is an offence for a person to have any indecent photograph F2or pseudo-photographof a child F3. . . 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 F4or 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.

F5(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 F6imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale , 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.

F7(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words in s. 160(1) substituted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153(2)(b), Sch. 26 para. 24
F2: Words in s. 160(1) inserted (3.2.1995) by 1994 c. 33, s. 84(4)(a); S.I. 1995/127, art. 2(1), Sch. 1
F3: Words in s. 160(1) omitted (3.2.1995) by virtue of 1994 c. 33, s. 84(4)(a); S.I. 1995/127, art. 2(1), Sch. 1 (and expressed to be repealed (4.9.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/1957, art. 6)
F4: Words in s. 160(2)(a)-(c) inserted (3.2.1995) by 1994 c. 33, s. 84(4)(b); S.I. 1995/127, art. 2(1), Sch. 1
F5: S. 160(2A) inserted (11.1.2001) by 2000 c. 43, s. 41(3)(a); S.I. 2000/3302, art. 2
F6: Words in s. 160(3) inserted (3.2.1995) by 1994 c. 33, s. 86(1); S.I. 1995/127, art. 2(1), Sch. 1
F7: S. 160(5) repealed (4.9.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/1957, art. 6
F8: Sidenote to s. 160 substituted (11.1.2001) by 2000 c. 43, s. 41(3)(b); S.I. 2000/3302, art. 2

Marginal citations

M1: 1978 c. 37.