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Article 3 Indecent photographs of children

Northern Ireland

(1)

F1Subject to Articles 3A and 3B any person who—

(a)

takes, or permits to be takenF2 orF3 makes, any indecent photograph or pseudo‐photograph of a child; or

(b)

distributes or shows such indecent photographs or pseudo‐photographs; or

(c)

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

(d)

publishes or causes 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,

shall be guilty of an offence.

(2)

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.

(3)

Where a person is charged with an offence under paragraph (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 or 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, that the photographs or pseudo‐photographs were indecent.

(4)

A person guilty of an offence under paragraph (1) shall be liable—

(a)

on conviction on indictment, to a fine or to imprisonment for a term not exceedingF4 ten years or to both;

(b)

on summary conviction to a fine not exceedingF5 level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

Annotations

Textual amendments

F1

Words in art. 3(1) inserted (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 42(4); S.R. 2008/510, art. 2

F2

1994 c. 33

F3

2003 NI 13

F4

2000 c. 43

F5

1984 NI 3