Section 1 Indecent photographs of children.

England and Wales

(1)

F1Subject to sections 1A and 1B, it is an offence for a person—

(a)

to take, or permit to be taken F2or to make, any indecent photograph or pseudo-photograph of a child F3. . .; or

(b)

to distribute or show such indecent photographs F4or pseudo-photographs; or

(c)

to have in his possession such indecent photographs or pseudo-photographs, with a view to their being distributed or shown by himself or others; or

(d)

to publish or cause to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such indecent photographs or pseudo-photographs, or intends to do so.

(2)

For purposes of this Act, a person is to be regarded as distributing an indecent photograph F5or pseudo-photograph if he parts with possession of it to, or exposes or offers it for acquisition by, another person.

C1(3)

Proceedings for an offence under this Act shall not be instituted except by or with the consent of the Director of Public Prosecutions.

(4)

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

(a)

that he had a legitimate reason for distributing or showing the photographs F6or pseudo-photographs or (as the case may be) having them in his possession; or

(b)

that he had not himself seen the photographs or pseudo-photographs and did not know, nor had any cause to suspect, them to be indecent.

(5)

References in the M1Children and Young Persons Act 1933 (except in sections 15 and 99) to the offences mentioned in Schedule 1 to that Act shall include an offence under subsection (1)(a) above.

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

C2(7)

In paragraph 1 of the Schedule of Visiting Forces Act 1952 (offences against the person in the case of which a member of a visiting force is in certain circumstances not liable to be tried by a United Kingdom court), after sub-paragraph (b)(viii) (inserted by the Sexual Offences Act 1956) there shall be added—

“(ix)
section 1(1)(a) of the Protection of Children Act 1978”.

Annotations

Textual amendments

F1: Words in s. 1(1) inserted (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 24; S.I. 2004/874, art. 2
F2: Words in s. 1(1)(a) inserted (3.2.1995) by 1994 c. 33, s. 84(2)(a); S.I. 1995/127, art. 2(1), Sch1
F3: Words in s. 1(1)(a) repealed (3.2.1995) by 1994 c. 33, ss. 84(2)(a), 168(3), Sch.11; S.I. 1995/127, art. 2(1), Sch1
F4: Words in s. 1(1)(b)-(d) inserted (3.2.1995) by 1994 c. 33, s. 84(2)(b); S.I. 1995/127, art. 2(1), Sch1
F5: Words in s. 1(2) inserted (3.2.1995) by 1994 c. 33, s. 84(2)(c); S.I. 1995/127, art. 2(1), Sch 1
F6: Words in s. 1(4)(a)(b) inserted (3.2.1995) by 1994 c. 33, s. 84(2)(d); S.I. 1995/127, art. 2(1), Sch1
F7: S. 1(6) repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37, Sch. 2

Marginal citations

M1: 1933 c. 12.

Modifications

C1: Ss. 1(3), 2(3), 3, 7 amended by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 160(4), Sch. 8 para. 16
C2: The text of s. 1(7) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.