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