PART 2

CRIMINAL LAW

Sexual offences

Indecent images of children
41
1
In the 1982 Act—
a
in section 52 (indecent photographs etc. of children)—
i
in subsection (2C)(b), for “a pseudo-photograph” substitute “an indecent pseudo-photograph”, and
ii
after subsection (8) add—
9
In this section, references to a photograph also include a tracing or other image, whether made by electronic or other means (of whatever nature), which is not itself a photograph or pseudo-photograph but which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both).
10
And subsection (2B) applies in relation to such an image as it applies in relation to a pseudo-photograph.
, and
b
in section 52A (possession of indecent photographs of children), in subsection (4), for “and (8)” substitute “and (8) to (10)”.
2
In Schedule 1 to the 1995 Act (offences against children under the age of 17 years to which special provisions apply), in paragraph 2B, after “photograph” insert “or pseudo-photograph”.
3
In Schedule 3 to the Sexual Offences Act 2003 (c.42) (list of sexual offences for the purposes of Part 2)—
a
in paragraph 44, for the words from “the” where it third occurs to the end substitute—
a
the prohibited goods included indecent photographs or pseudo-photographs of persons under 16 and the offender—
i
was 18 or over, or
ii
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or
b
in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.
, and
b
in paragraph 97(b), for “and (8)” substitute “and (8) to (10)”.