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

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This is the original version (as it was originally enacted).

3Interpretation of section 2

This section has no associated Explanatory Notes

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.

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