Data (Use and Access) Act 2025

Prospective

138 Creating, or requesting the creation of, purported intimate image of adult U.K.

(1) The Sexual Offences Act 2003 is amended in accordance with subsections (2) and (3).

(2) After section 66D insert—

“66E Creating purported intimate image of adult

(1) A person (A) commits an offence if—

(a) A intentionally creates a purported intimate image of another person (B),

(b) B does not consent to the creation of the purported intimate image, and

(c) A does not reasonably believe that B consents.

(2) “Purported intimate image” of a person means an image which—

(a) appears to be, or to include, a photograph or film of the person (but is not, or is not only, a photograph or film of the person),

(b) appears to be of an adult, and

(c) appears to show the person in an intimate state.

(3) Subsections (5) to (9) of section 66D (person in an intimate state) apply for the purposes of this section as if references in those subsections to a photograph or film were references to an image.

(4) References in this section to creating a purported intimate image of a person do not include doing so by modifying a photograph or film of the person where what is created by the modification is an image which—

(a) appears to show the person, but

(b) does not appear to show—

(i) something within section 66D(5)(a) to (e) (read with subsections (6) and (7) of that section) which is not shown in the photograph or film, or

(ii) a person who is not shown in the photograph or film.

(5) It is a defence for a person charged with an offence under this section to prove that the person had a reasonable excuse for creating the purported intimate image.

(6) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).

(7) The Secretary of State must—

(a) review the operation of subsection (5),

(b) publish the outcome of the review in a report before the end of the period of two years beginning with the day on which this section comes into force, and

(c) lay the report before Parliament.

66F Requesting the creation of purported intimate image of adult

(1) A person (A) commits an offence if—

(a) A intentionally requests the creation of a purported intimate image of another person (B) (either in general or specific terms),

(b) B does not consent to A requesting the creation of the purported intimate image, and

(c) A does not reasonably believe that B consents.

(2) A person (A) commits an offence if—

(a) A intentionally requests that, if a purported intimate image of another person (B) is created, it includes or excludes something in particular (whether relating to B’s appearance, the intimate state in which B is shown or anything else),

(b) B does not consent to A requesting the inclusion or exclusion of that thing, and

(c) A does not reasonably believe that B consents.

(3) References in this section to making a request (however expressed) include doing an act which could reasonably be taken to be a request (such as, for example, indicating agreement in response to an offer or complying with conditions of an offer).

(4) References in this section to making a request (however expressed) are references to—

(a) making a request directed to a particular person or persons, or

(b) making a request so that it is available to one or more persons (or people generally), without directing it to a particular person or persons.

(5) References in this section to consent to a person requesting something are—

(a) in a case described in subsection (4)(a), references to consent to a request being made that is directed to the particular person or persons, and

(b) in a case described in subsection (4)(b), references to consent to a request being made so that it is available to the person or persons (or people generally), as appropriate.

(6) An offence under this section is committed—

(a) regardless of whether the purported intimate image is created,

(b) regardless of whether the purported intimate image, or the particular thing to be included in or excluded from such an image, is also requested by another person, and

(c) regardless of where in the world the person or persons mentioned in subsection (4)(a)and (b) is or are located.

(7) It is a defence for a person charged with an offence under this section to prove that the person had a reasonable excuse for making the request.

(8) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).

(9) In this section, references to a purported intimate image, to creating such an image and to a person shown in an intimate state have the same meaning as in section 66E.

(10) The Secretary of State must—

(a) review the operation of subsection (7),

(b) publish the outcome of the review in a report before the end of the period of two years beginning with the day on which this section comes into force, and

(c) lay the report before Parliament.

66G Creating, or requesting the creation of, purported intimate image of adult: further definitions etc

(1) This section applies for the purposes of sections 66E and 66F.

(2) “Consent” to an act includes general consent covering the particular act as well as specific consent to that particular act (and see also section 66F(5)).

(3) Whether a belief is “reasonable” is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(4) “Photograph” includes the negative as well as the positive version.

(5) “Film” means a moving image.

(6) A reference to an “image”, “photograph” or “film” includes data stored by any means which is capable of conversion into an image, photograph or film.

(7) An image of a person appears to be an image of an adult if—

(a) the impression conveyed by the image is that the person shown is aged 18 or over, or

(b) the predominant impression conveyed by the image is that the person shown is aged 18 or over (even if some of the physical characteristics shown are those of a person under 18).

(8) The “maximum term for summary offences” means—

(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;

(b) if the offence is committed after that time, 51 weeks.

66H Creating, or requesting the creation of, purported intimate image of adult: time limit for prosecution

(1) Notwithstanding section 127(1) of the Magistrates’ Courts Act 1980, a magistrates’ court may try an information or written charge relating to an offence under section 66E or 66F if the information is laid or the charge is issued—

(a) before the end of the period of 3 years beginning with the day on which the offence was committed, and

(b) before the end of the period of 6 months beginning with the day on which evidence which the prosecutor thinks is sufficient to justify a prosecution comes to the prosecutor’s knowledge.

(2) A certificate signed by or on behalf of a prosecutor stating the date on which evidence described in subsection (1)(b) came to the prosecutor’s knowledge is conclusive evidence of that fact.”

(3) In section 79(5) (meaning of references to image of a person), after “a person” insert “(except in sections 66E, 66F and 66G)”.

(4) In the Armed Forces Act 2006, after section 177D insert—

“177DA Purported intimate images to be treated as used for purpose of certain offences

(1) This section applies where a person commits an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under section 66E of the Sexual Offences Act 2003 (creating purported intimate image of adult).

(2) The purported intimate image to which the offence relates, and anything containing it, is to be regarded for the purposes of section 177C(3) (and section 94A(3)(b)(ii)) as used for the purposes of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).”

(5) In Part 2 of Schedule 3 to the Serious Crime Act 2007 (offences to be disregarded in reckoning whether an act is capable of encouraging or assisting the commission of an offence: England and Wales), after paragraph 38 insert—

Sexual Offences Act 2003

38ZA An offence under section 66F of the Sexual Offences Act 2003 (requesting the creation of purported intimate image of adult).”

(6) In the Sentencing Code, after section 154 insert—

“154A Purported intimate images to be treated as used for purpose of certain offences

(1) Subsection (2) applies where a person commits an offence under section 66E of the Sexual Offences Act 2003 (creating purported intimate image of adult).

(2) The purported intimate image to which the offence relates, and anything containing it, is to be regarded for the purposes of section 153 (and section 157(3)(b)) as used for the purposes of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).

(3) Subsection (4) applies where a person commits an offence under section 66F of the Sexual Offences Act 2003 (requesting the creation of purported intimate image of adult).

(4) A purported intimate image which is connected with the offence, and anything containing it, is to be regarded for the purposes of section 153 (and section 157(3)(b)) as used for the purposes of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).

(5) A purported intimate image is connected with an offence under section 66F of the Sexual Offences Act 2003 if —

(a) it appears to be of a person who was the subject of the request to which the offence relates (whether or not it is what was requested), and

(b) it was in the offender’s possession, or under the offender’s control, as a result of that request.”

Commencement Information

I1 S. 138 not in force at Royal Assent, see s. 142(1)