(1)The following subsections apply for the interpretation of this Act.
(2)References to an indecent photograph include an indecent film, a copy of an indecent photograph or film, and an indecent photograph comprised in a film.
(3)Photographs (including those comprised in a film) shall, if they show children and are indecent, be treated for all purposes of this Act as indecent photographs of children [F1and so as respects pseudo-photographs].
[F2( 4 )References to a photograph include—
(a)the negative as well as the positive version; and
(b)data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.]
[F3(4A)References to a photograph also include—
(a)a tracing or other image, whether made by electronic or other means (of whatever nature)—
(i)which is not itself a photograph or pseudo-photograph, but
(ii)which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both); and
(b)data stored on a computer disc or by other electronic means which is capable of conversion into an image within paragraph (a);
and subsection (8) applies in relation to such an image as it applies in relation to a pseudo-photograph.]
(5)“Film” includes any form of video-recording.
[F4(6)“Child”, subject to subsection (8), means a person under the age of [F518].
( 7 ) “ Pseudo-photograph ” means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph.
(8)If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.
(9)References to an indecent pseudo-photograph include—
(a)a copy of an indecent pseudo-photograph; and
(b)data stored on a computer disc or by other electronic means which is capable of conversion into [F6an indecent pseudo-photograph].]
Textual Amendments
F1Words in s. 7(3) inserted (3.2.1995) by 1994 c. 33, s. 84(3)(a); S.I. 1995/127, art. 2(1), Sch1
F2S. 7(4) substituted (3.2.1995) by 1994 c. 33, s. 84(3)(b); S.I. 1995/127, art. 2(1), Sch 1
F3S. 7(4A) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 69(3), 153(2)(b) (with Sch. 27 para. 24(1))
F4S. 7(6)-(9) inserted (3.2.1995) by 1994 c. 33, s. 84(3)(c); S.I. 1995/127, art. 2(1), Sch1
F5 Word in s. 7(6) substituted (1.5.2004) by Sexual Offences Act 2003 (c. 42) , ss. 45(2) , 141 ; S.I. 2004/874 , art. 2
F6Words in s. 7(9)(b) substituted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 69(4), 153(2)(b)
Modifications etc. (not altering text)
C1Ss. 1(3), 2(3), 3, 7 amended by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 160(4), Sch. 8 para. 16
C2 S. 7 applied (1.5.2004 for E.W.N.I., 1.5.2004 for S.) by Sexual Offences Act 2003 (c. 42) , s. 141 , Sch. 3 para. 97(b) ; S.S.I. 2004/138 , art. 2 ; S.I. 2004/874 , art. 2 ; S.S.I. 2004/138 , art. 2 ; S.I. 2004/874 , art. 2
C3S. 7(4)(7) applied (prosp.) by 1997 c. 39, ss. 2(1), 11(2) (with ss. 1(4), 11(3))