http://www.legislation.gov.uk/ukpga/1978/37/section/1AProtection of Children Act 1978An Act to prevent the exploitation of children by making indecent photographs of them; and to penalise the distribution, showing and advertisement of such indecent photographs.1978-08-31texttext/xmlenStatute Law Database2023-12-19Expert Participation2023-10-26 1A1This section applies where, in proceedings for an offence under section 1(1)(a) of taking or making an indecent photograph or pseudo-photograph of a child, or for an offence under section 1(1)(b) or (c) relating to an indecent photograph or pseudo-photograph of a child, the defendant proves that the photograph or pseudo-photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—awere married or civil partners of each other, orblived together as partners in an enduring family relationship.2Subsections (5) and (6) also apply where, in proceedings for an offence under section 1(1)(b) or (c) relating to an indecent photograph or pseudo-photograph of a child, the defendant proves that the photograph or pseudo-photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he—awere married or civil partners of each other, orblived together as partners in an enduring family relationship.3This section applies whether the photograph or pseudo-photograph showed the child alone or with the defendant, but not if it showed any other person.4In the case of an offence under section 1(1)(a), if sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph or pseudo-photograph being taken or made, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.5In the case of an offence under section 1(1)(b), the defendant is not guilty of the offence unless it is proved that the showing or distributing was to a person other than the child.6In the case of an offence under section 1(1)(c), if sufficient evidence is adduced to raise an issue both—aas to whether the child consented to the photograph or pseudo-photograph being in the defendant’s possession, or as to whether the defendant reasonably believed that the child so consented, andbas to whether the defendant had the photograph or pseudo-photograph in his possession with a view to its being distributed or shown to anyone other than the child,the defendant is not guilty of the offence unless it is proved either that the child did not so consent and that the defendant did not reasonably believe that the child so consented, or that the defendant had the photograph or pseudo-photograph in his possession with a view to its being distributed or shown to a person other than the child.S. 1A inserted (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 45(3), 141; S.I. 2004/874, art. 2Words in s. 1A(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 60; S.I. 2005/3175, art. 2(2)Words in s. 1A(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 60; S.I. 2005/3175, art. 2(2)Words in s. 1A inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 69(1), 182(5) (with s. 180, Sch. 22); S.I. 2010/816, art. 2, Sch. para. 2