[F1Possession of indecent photograph of child]N.I.
15.—(1) [F2Subject to Article 15A] it is an offence for a person to have any indecent photograph[F3 or pseudo‐photograph] of a childF3. . . in his possession.
(2) Where a person is charged with an offence under paragraph (1), it shall be a defence for him to prove—
(a)that he had a legitimate reason for having the photograph[F4 or pseudo‐photograph] in his possession; or
(b)that he had not himself seen the photograph[F4 or pseudo‐photograph] and did not know, nor had any cause to suspect, it to be indecent; or
(c)that the photograph[F4 or pseudo‐photograph] was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.
[F5(2A) A person shall be liable on conviction on indictment of an offence under paragraph (1) to imprisonment for a term not exceeding five years or a fine, or both.]
(3) A person shall be liable on summary conviction of an offence under paragraph (1) to[F6 imprisonment for a term not exceeding 6 months or] a fine not exceeding level 5 on the standard scale[F6, or both].
(4) Proceedings for an offence under paragraph (1) shall not be instituted except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(5) Articles 2(2) [F7, (2A)] and (3), 7(1) and 8 of the Protection of Children (Northern Ireland) Order 1978F8 shall have effect as if any reference in them to that Order included a reference to this Article.
(6) Possession before this Article comes into operation is not an offence.
F2Words in art. 15(1) inserted (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 42(7); S.R. 2008/510, art. 2
F7Words in art. 15(5) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(2)(c), Sch. 26 para. 25