{
  "url": "https://openlegislation.uk/criminal-justice-and-immigration-act-2008/section-67H",
  "json_url": "https://openlegislation.uk/criminal-justice-and-immigration-act-2008/section-67H.json",
  "legislation": "ukpga/2008/4",
  "legislation_title": "Criminal Justice and Immigration Act 2008",
  "legislation_url": "https://openlegislation.uk/criminal-justice-and-immigration-act-2008",
  "path": "section/67H",
  "kind": "section",
  "number": "67H",
  "heading": "Possession or publication of pornographic images of sexual activity with child under 16",
  "text": "(1) It is an offence for a person (P) to be in possession of an image if—\n(a) the image is pornographic, within the meaning of section 63, and\n(b) a reasonable person—\n(i) looking at the image, and\n(ii) taking into account any sound or information associated with the image,\nwould think that each of the conditions in subsection (2) was met.\n(2) The conditions are—\n(a) the image portrays, in an explicit and realistic way, a person (A) engaged in sexual activity with another person (B),\n(b) A and B are real, and\n(c) at least one of A or B is, or is pretending to be, under 16.\n(3) A person is not to be taken as pretending to be under 16 if it is fanciful that they are actually under 16 in the way pretended.\n(4) It is an offence for a person to publish an image of the kind mentioned in subsection (1).\n(5) Publishing an image includes giving or making it available to another person by any means.\n(6) For the purposes of subsection (1)(b) the reference to sound or information associated with the image is—\n(a) when subsection (1)(b) applies for the purpose of an offence under subsection (1), to sound, or information, associated with the image that is in P’s possession, and\n(b) when subsection (1)(b) applies for the purpose of an offence under subsection (4), to sound, or information, associated with the image that the person in subsection (4) publishes with the image.\n(7) In this section “image” has the same meaning as in section 63.\n(8) Subsections (1) and (4) do not apply to excluded images, within the meaning of section 64.\n(9) Proceedings for an offence under this section may not be instituted except by or with the consent of the Director of Public Prosecutions.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Ss. 67H-67J inserted (E.W.) (6.11.2026) by Crime and Policing Act 2026 (c. 20), ss. 107(1), 255(1); S.I. 2026/1090, reg. 2(d)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2008/4/section/67H",
    "retrieved_at": "2026-11-10T03:34:04.639459+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}