Article 15 Possession of indecent photograph of childF8

Northern Ireland

(1)

F1Subject to Article 15A it is an offence for a person to have any indecent photographF2 or pseudo‐photograph of a child. . . in his possession.

(2)

Where a person is charged with an offence under paragraph (1), it shall be a defence for him to prove—

(a)

that he had a legitimate reason for having the photographF3 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.

F4(2A)

A person shall be liable on conviction on indictment of an offence under paragraph (1) 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 paragraph (1) toF5 imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale, or both.

(4)

Proceedings for an offence under paragraph (1) shall not be instituted except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(5)

Articles 2(2) F6, (2A) and (3), 7(1) and 8 of the Protection of Children (Northern Ireland) Order 1978F7 shall have effect as if any reference in them to that Order included a reference to this Article.

(6)

Possession before this Article comes into operation is not an offence.

Annotations

Textual amendments

F1: Words in art. 15(1) inserted (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 42(7); S.R. 2008/510, art. 2
F2: 1994 c.33
F3: 1994 c.33
F4: 2000 c.43
F5: 1994 c.33
F6: Words in art. 15(5) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(2)(c), Sch. 26 para. 25
F7: 1978 NI 17
F8: 2000 c.43