Criminal Justice and Licensing (Scotland) Act 2010

41 Indecent images of children

(1) In the 1982 Act—

(a) in section 52 (indecent photographs etc. of children)—

(i) in subsection (2C)(b), for “a pseudo-photograph” substitute “an indecent pseudo-photograph”, and

(ii) after subsection (8) add—

“(9) In this section, references to a photograph also include a tracing or other image, whether made by electronic or other means (of whatever nature), which is not itself a photograph or pseudo-photograph but which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both).

(10) And subsection (2B) applies in relation to such an image as it applies in relation to a pseudo-photograph.”, and

(b) in section 52A (possession of indecent photographs of children), in subsection (4), for “and (8)” substitute “and (8) to (10)”.

(2) In Schedule 1 to the 1995 Act (offences against children under the age of 17 years to which special provisions apply), in paragraph 2B, after “photograph” insert “or pseudo-photograph”.

(3) In Schedule 3 to the Sexual Offences Act 2003 (c.42) (list of sexual offences for the purposes of Part 2)—

(a) in paragraph 44, for the words from “the” where it third occurs to the end substitute—

“(a) the prohibited goods included indecent photographs or pseudo-photographs of persons under 16 and the offender—

(i) was 18 or over, or

(ii) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b) in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.”, and

(b) in paragraph 97(b), for “and (8)” substitute “and (8) to (10)”.