{
  "url": "https://openlegislation.uk/protection-of-children-northern-ireland-order-1978/article-3B",
  "json_url": "https://openlegislation.uk/protection-of-children-northern-ireland-order-1978/article-3B.json",
  "legislation": "nisi/1978/1047",
  "legislation_title": "Protection of Children (Northern Ireland) Order 1978",
  "legislation_url": "https://openlegislation.uk/protection-of-children-northern-ireland-order-1978",
  "path": "article/3B",
  "kind": "article",
  "number": "3B",
  "heading": "Marriage and other relationships",
  "text": "(1) This Article applies where, in proceedings for an offence under Article 3(1)(a) of taking or making an indecent photograph or pseudo-photograph of a child, or for an offence under Article 3(1)(b) or (c) relating to an indecent photograph or pseudo-photograph of a child, the defendant proves that the photograph or pseudo-photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—\n(a) were married or civil partners of each other, or\n(b) lived together as partners in an enduring family relationship.\n(2) Paragraphs (5) and (6) also apply where, in proceedings for an offence under Article 3(1)(b) or (c) relating to an indecent photograph or pseudo-photograph of a child, the defendant proves that the photograph or pseudo-photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he—\n(a) were married or civil partners of each other, or\n(b) lived together as partners in an enduring family relationship.\n(3) This Article applies whether the photograph or pseudo-photograph showed the child alone or with the defendant, but not if it showed any other person.\n(4) In the case of an offence under Article 3(1)(a), if sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph or pseudo-photograph being taken or made, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.\n(5) In the case of an offence under Article 3(1)(b), the defendant is not guilty of the offence unless it is proved that the showing or distributing was to a person other than the child.\n(6) In the case of an offence under Article 3(1)(c), if sufficient evidence is adduced to raise an issue both—\n(a) as to whether the child consented to the photograph or pseudo-photograph being in the defendant's possession, or as to whether the defendant reasonably believed that the child so consented, and\n(b) as to whether the defendant had the photograph or pseudo-photograph in his possession with a view to its being distributed or shown to anyone other than the child,\nthe defendant is not guilty of the offence unless it is proved either that the child did not so consent and that the defendant did not reasonably believe that the child so consented, or that the defendant had the photograph or pseudo-photograph in his possession with a view to its being distributed or shown to a person other than the child.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Art. 3B inserted (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 42(5); S.R. 2008/510, art. 2"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in art. 3B inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 69(4), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisi/1978/1047/article/3B",
    "retrieved_at": "2026-10-29T04:53:04.802561+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."
}