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Coroners and Justice Act 2009

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62Possession of prohibited images of childrenE+W+N.I.
This section has no associated Explanatory Notes

(1)It is an offence for a person to be in possession of a prohibited image of a child.

(2)A prohibited image is an image which—

(a)is pornographic,

(b)falls within subsection (6), and

(c)is grossly offensive, disgusting or otherwise of an obscene character.

(3)An image is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.

(4)Where (as found in the person's possession) an image forms part of a series of images, the question whether the image is of such a nature as is mentioned in subsection (3) is to be determined by reference to—

(a)the image itself, and

(b)(if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images.

(5)So, for example, where—

(a)an image forms an integral part of a narrative constituted by a series of images, and

(b)having regard to those images as a whole, they are not of such a nature that they must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal,

the image may, by virtue of being part of that narrative, be found not to be pornographic, even though it might have been found to be pornographic if taken by itself.

(6)An image falls within this subsection if it—

(a)is an image which focuses solely or principally on a child's genitals or anal region, or

(b)portrays any of the acts mentioned in subsection (7).

(7)Those acts are—

(a)the performance by a person of an act of intercourse or oral sex with or in the presence of a child;

(b)an act of masturbation by, of, involving or in the presence of a child;

(c)an act which involves penetration of the vagina or anus of a child with a part of a person's body or with anything else;

(d)an act of penetration, in the presence of a child, of the vagina or anus of a person with a part of a person's body or with anything else;

(e)the performance by a child of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary);

(f)the performance by a person of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary) in the presence of a child.

(8)For the purposes of subsection (7), penetration is a continuing act from entry to withdrawal.

(9)Proceedings for an offence under subsection (1) may not be instituted—

(a)in England and Wales, except by or with the consent of the Director of Public Prosecutions;

(b)in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

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Commencement Information

I1S. 62 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 1

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