Article 72A Sending etc an unwanted sexual imageF1

(1)

A person (A) commits an offence if—

(a)

A intentionally sends or gives to another person (B) a sexual image,

(b)

A does so—

(i)

without B’s consent, and

(ii)

without reasonably believing that B consents, and

(c)

either condition 1 or condition 2 is met.

(2)

Condition 1 is that A intends that B will look at the image and that doing so will cause humiliation, alarm or distress to B.

(3)

Condition 2 is that—

(a)

A’s purpose in sending or giving the image is to obtain sexual gratification, and

(b)

A is reckless as to whether B is humiliated, alarmed or distressed.

(4)

For the purposes of this Article, a sexual image is a photograph or film of—

(a)

any person engaging in a sexual activity, or

(b)

any person’s genitals.

(5)

In paragraph (4)—

“photograph” includes the negative as well as the positive version;
“film” means a moving image.

(6)

References to a photograph or film also include—

(a)

an image, whether made by computer graphics or in any other way, which appears to be a photograph or film,

(b)

a copy of a photograph, film or image within sub-paragraph (a), and

(c)

data stored by any means which is capable of conversion into a photograph, film or image within sub-paragraph (a).

(7)

References to sending or giving such a photograph or film to another person include, in particular—

(a)

sending it to another person by any means, electronically or otherwise,

(b)

showing it to another person, and

(c)

placing it for a particular person to find.

(8)

A person guilty of an offence under this Article is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years.

Annotations

Textual amendments

F1: Art. 72A inserted (27.11.2023) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), ss. 2, 30(2); S.R. 2023/188, art. 3(a)