Section 124 Section 123: interpretationF1
Subsections (2) to (7) apply for the purposes of section 123.
“Protecting children generally or any child from harm from the defendant” means protecting children generally or any child from physical or psychological harm, caused by the defendant doing acts within section 123(3).
“Child” means a person under 16.
“Image” means an image produced by any means, whether of a real or imaginary subject.
“Sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider to be sexual.
A communication is sexual if—
any part of it relates to sexual activity, or
a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider that any part of the communication is sexual.
An image is sexual if—
any part of it relates to sexual activity, or
a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider that any part of the image is sexual.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations
Textual amendments
- F1
Ss. 123-129 repealed (E.W.) (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 5(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(e)
- F2
S. 124(8) repealed (N.I.) (5.7.2011) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(2), Sch. 7 para. 12(2), Sch. 8 Pt. 5
Notes on Part 2
Modifications
- C1
Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
- C2
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 18(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
- C3
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 35(3)(4), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
- C4
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 38(4)-(6), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
Notes on Risk of sexual harm orders (Northern Ireland)
Textual amendments
- F2
Words in s. 123 cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 69 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)