Paragraph 33A F1

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

An offence under section 66A of this Act (sending etc photograph or film of genitals) if—

(a)

where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)

in any other case—

(i)

the victim was under 18, or

(ii)

the offender, in respect of the offence or finding, is or has been—

(a)

sentenced to a term of imprisonment,

(b)

detained in a hospital, or

(c)

made the subject of a community sentence of at least 12 months.

Annotations

F1: Sch. 3 paras. 33A, 33B inserted (31.1.2024) by Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 16(4); S.I. 2024/31, reg. 2

C1: Sch. 3 modified (28.6.2022) by 2007 c. 21, s. 28(4ZA) (as inserted by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 146(c), 208(5)(p))
C2: Sch. 3 modified (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 25(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)