(1)This section applies where, in proceedings for an offence under section 160 relating to an indecent photograph [F2or pseudo-photograph] of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—
(a)were married [F3or civil partners of each other] , or
(b)lived together as partners in an enduring family relationship.
(2)This section also applies where, in proceedings for an offence under section 160 relating to an indecent photograph [F2or pseudo-photograph] of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he—
(a)were married [F3or civil partners of each other] , or
(b)lived together as partners in an enduring family relationship.
(3)This section applies whether the photograph [F2or pseudo-photograph] showed the child alone or with the defendant, but not if it showed any other person.
(4)If sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph [F2or pseudo-photograph] being in the defendant’s possession, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.]
Textual Amendments
F1S. 160A inserted (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 45(4), 141; S.I. 2004/874, art. 2
F2Words in s. 160A inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 69(2), 182(5) (with s. 180, Sch. 22); S.I. 2010/816, art. 2, Sch. para. 2
F3Words in s. 160A(1)(a)(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 127; S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5))