Part 2Criminal offences

Chapter 2Images of children

Prohibited images

65Meaning of “image” and “child”

1

The following apply for the purposes of sections 62 to 64.

2

Image” includes—

a

a moving or still image (produced by any means), or

b

data (stored by any means) which is capable of conversion into an image within paragraph (a).

3

Image” does not include an indecent photograph, or indecent pseudo-photograph, of a child.

4

In subsection (3) “indecent photograph” and “indecent pseudo-photograph” are to be construed—

a

in relation to England and Wales, in accordance with the Protection of Children Act 1978 (c. 37), and

b

in relation to Northern Ireland, in accordance with the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)).

5

“Child”, subject to subsection (6), means a person under the age of 18.

6

Where an image shows a person the image is to be treated as an image of a child if—

a

the impression conveyed by the image is that the person shown is a child, or

b

the predominant impression conveyed is that the person shown is a child despite the fact that some of the physical characteristics shown are not those of a child.

7

References to an image of a person include references to an image of an imaginary person.

8

References to an image of a child include references to an image of an imaginary child.