Interpretation.
7
1
The following subsections apply for the interpretation of this Act.
2
References to an indecent photograph include an indecent film, a copy of an indecent photograph or film, and an indecent photograph comprised in a film.
3
Photographs (including those comprised in a film) shall, if they show children and are indecent, be treated for all purposes of this Act as indecent photographs of children and so as respects pseudo-photographs.
4
References to a photograph include—
a
the negative as well as the positive version; and
b
data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.
4A
References to a photograph also include—
a
a tracing or other image, whether made by electronic or other means (of whatever nature)—
i
which is not itself a photograph or pseudo-photograph, but
ii
which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both); and
b
data stored on a computer disc or by other electronic means which is capable of conversion into an image within paragraph (a);
and subsection (8) applies in relation to such an image as it applies in relation to a pseudo-photograph.
5
“Film” includes any form of video-recording.
6
“Child”, subject to subsection (8), means a person under the age of
18
.
7
“
Pseudo-photograph
” means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph.
8
If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.
9
References to an indecent pseudo-photograph include—
a
a copy of an indecent pseudo-photograph; and
b
data stored on a computer disc or by other electronic means which is capable of conversion into
an indecent pseudo-photograph
.
Ss. 1(3), 2(3), 3, 7 amended by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 160(4), Sch. 8 para. 16
Words in s. 7(3) inserted (3.2.1995) by 1994 c. 33, s. 84(3)(a); S.I. 1995/127, art. 2(1), Sch1
S. 7(4) substituted (3.2.1995) by 1994 c. 33, s. 84(3)(b); S.I. 1995/127, art. 2(1), Sch 1
S. 7(4)(7) applied (prosp.) by 1997 c. 39, ss. 2(1), 11(2) (with ss. 1(4), 11(3))
S. 7(6)-(9) inserted (3.2.1995) by 1994 c. 33, s. 84(3)(c); S.I. 1995/127, art. 2(1), Sch1
S. 7 applied (1.5.2004 for E.W.N.I., 1.5.2004 for S.) by Sexual Offences Act 2003 (c. 42) , s. 141 , Sch. 3 para. 97(b) ; S.S.I. 2004/138 , art. 2 ; S.I. 2004/874 , art. 2 ; S.S.I. 2004/138 , art. 2 ; S.I. 2004/874 , art. 2
Word in s. 7(6) substituted (1.5.2004) by Sexual Offences Act 2003 (c. 42) , ss. 45(2) , 141 ; S.I. 2004/874 , art. 2
S. 7(4A) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 69(3), 153(2)(b) (with Sch. 27 para. 24(1))
Words in s. 7(9)(b) substituted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 69(4), 153(2)(b)