Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)

Valid from 07/10/2005

Risk of sexual harm orders S

3 Interpretation of section 2 S

For the purposes of section 2 above—

(a) the references in that section to protecting children generally or any child from harm from a person are references to protecting them or it from physical or psychological harm caused by that person doing any of the acts within subsection (5) of that section;

(b) “child” means a person aged under 16;

(c) “image” means an image produced by any means and whether of a real or imaginary subject;

(d) a communication is sexual if—

(i) any part of it relates to sexual activity; or

(ii) a reasonable person would, in all the circumstances, consider any part of the communication to be sexual;

(e) an image is sexual if—

(i) any part of it relates to sexual activity; or

(ii) a reasonable person would, in all the circumstances, consider any part of the image to be sexual.