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Section 154A Purported intimate images to be treated as used for purpose of certain offencesF1

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

(1)

Subsection (2) applies where a person commits an offence under section 66E of the Sexual Offences Act 2003 (creating purported intimate image of adult).

(2)

The purported intimate image to which the offence relates, and anything containing it, is to be regarded for the purposes of section 153 (and section 157(3)(b)) as used for the purposes of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).

(3)

Subsection (4) applies where a person commits an offence under section 66F of the Sexual Offences Act 2003 (requesting the creation of purported intimate image of adult).

(4)

A purported intimate image which is connected with the offence, and anything containing it, is to be regarded for the purposes of section 153 (and section 157(3)(b)) as used for the purposes of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).

(5)

A purported intimate image is connected with an offence under section 66F of the Sexual Offences Act 2003 if —

(a)

it appears to be of a person who was the subject of the request to which the offence relates (whether or not it is what was requested), and

(b)

it was in the offender’s possession, or under the offender’s control, as a result of that request.

Annotations

Textual amendments

F1

S. 154A inserted (6.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 138(6), 142(1); S.I. 2026/31, reg. 2