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.