OpenLegislation

Section 7 Interpretation.C3C1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The following subsections apply for the interpretation of this Act.

(2)

References to an indecent photograph include an indecent film, a copy of an indecent photograph or film, and an indecent photograph comprised in a film.

(3)

Photographs (including those comprised in a film) shall, if they show children and are indecent, be treated for all purposes of this Act as indecent photographs of children F1and so as respects pseudo-photographs.

C2( F2 4 )

References to a photograph include—

(a)

the negative as well as the positive version; and

(b)

data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.

F3(4A)

References to a photograph also include—

(a)

a tracing or other image, whether made by electronic or other means (of whatever nature)—

(i)

which is not itself a photograph or pseudo-photograph, but

(ii)

which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both); and

(b)

data stored on a computer disc or by other electronic means which is capable of conversion into an image within paragraph (a);

and subsection (8) applies in relation to such an image as it applies in relation to a pseudo-photograph.

(5)

“Film” includes any form of video-recording.

F4(6)

“Child”, subject to subsection (8), means a person under the age of F518.

( 7 )

“ Pseudo-photograph ” means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph.

(8)

If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.

(9)

References to an indecent pseudo-photograph include—

(a)

a copy of an indecent pseudo-photograph; and

(b)

data stored on a computer disc or by other electronic means which is capable of conversion into F6an indecent pseudo-photograph.

Annotations

Textual amendments

F1

Words in s. 7(3) inserted (3.2.1995) by 1994 c. 33, s. 84(3)(a); S.I. 1995/127, art. 2(1), Sch1

F2

S. 7(4) substituted (3.2.1995) by 1994 c. 33, s. 84(3)(b); S.I. 1995/127, art. 2(1), Sch 1

F3

S. 7(4A) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 69(3), 153(2)(b) (with Sch. 27 para. 24(1))

F4

S. 7(6)-(9) inserted (3.2.1995) by 1994 c. 33, s. 84(3)(c); S.I. 1995/127, art. 2(1), Sch1

F5

Word in s. 7(6) substituted (1.5.2004) by Sexual Offences Act 2003 (c. 42) , ss. 45(2) , 141 ; S.I. 2004/874 , art. 2

F6

Words in s. 7(9)(b) substituted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 69(4), 153(2)(b)

Modifications

C1

S. 7 applied (1.5.2004 for E.W.N.I., 1.5.2004 for S.) by Sexual Offences Act 2003 (c. 42) , s. 141 , Sch. 3 para. 97(b) ; S.S.I. 2004/138 , art. 2 ; S.I. 2004/874 , art. 2 ; S.S.I. 2004/138 , art. 2 ; S.I. 2004/874 , art. 2

C2

S. 7(4)(7) applied (prosp.) by 1997 c. 39, ss. 2(1), 11(2) (with ss. 1(4), 11(3))

C3

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