PART 3Miscellaneous

Pornographic or other sexual images

50Possession of pornographic images of rape and assault by penetration

1

The Criminal Justice and Immigration Act 2008 is amended as follows.

2

In section 63(6) (possession of extreme pornographic images) after “subsection (7)” insert “ or (7A) ”.

3

In section 66 (defence: participation in consensual acts)—

a

in subsection (1)(b) for the words from “within” to the end substitute “ within subsection (7)(a) to (c) or (7A) of that section (but does not portray an act within subsection (7)(d) of that section). ”;

b

in subsection (2) after paragraph (c) insert

; and

d

if the image portrays an act within section 63(7A), that what is portrayed as non-consensual penetration was in fact consensual.

4

In section 67 (penalties for possession of extreme pornographic images) in subsection (5)(b) at the end add “ or (7A)(a) or (b). ”.