Search Legislation

Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022

Status:

This is the original version (as it was originally enacted).

Sending etc an unwanted sexual image

This section has no associated Explanatory Notes

2.  After Article 72 of the Sexual Offences (Northern Ireland) Order 2008 insert—

Sending etc an unwanted sexual image

72A.(1) A person (A) commits an offence if—

(a)A intentionally sends or gives to another person (B) a sexual image,

(b)A does so—

(i)without B’s consent, and

(ii)without reasonably believing that B consents, and

(c)either condition 1 or condition 2 is met.

(2) Condition 1 is that A intends that B will look at the image and that doing so will cause humiliation, alarm or distress to B.

(3) Condition 2 is that—

(a)A’s purpose in sending or giving the image is to obtain sexual gratification, and

(b)A is reckless as to whether B is humiliated, alarmed or distressed.

(4) For the purposes of this Article, a sexual image is a photograph or film of—

(a)any person engaging in a sexual activity, or

(b)any person’s genitals.

(5) In paragraph (4)—

photograph” includes the negative as well as the positive version;

film” means a moving image.

(6) References to a photograph or film also include—

(a)an image, whether made by computer graphics or in any other way, which appears to be a photograph or film,

(b)a copy of a photograph, film or image within sub-paragraph (a), and

(c)data stored by any means which is capable of conversion into a photograph, film or image within sub-paragraph (a).

(7) References to sending or giving such a photograph or film to another person include, in particular—

(a)sending it to another person by any means, electronically or otherwise,

(b)showing it to another person, and

(c)placing it for a particular person to find.

(8) A person guilty of an offence under this Article is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources