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Civic Government (Scotland) Act 1982

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52 Indecent photographs etc. of children.S

(1)Any person who—

(a)takes, or permits to be taken [F1or makes], any indecent photograph [F2or pseudo-photograph of a child]

(b)distributes or shows such an indecent photograph [F3or pseudo-photograph];

(c)has in his possession such an indecent photograph [F3or pseudo-photograph]with a view to its being distributed or shown by himself or others: or

(d)publishes or causes to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such an indecent photograph [F3or pseudo-photograph], or intends to do so

shall be guilty of an offence under this section.

(2)[F4In subsection (1) above “child” means, subject to subsection (2B) below, a person under the age of [F518]; and] in proceedings under this section a person is to be taken as having been a child at any material time if it appears from the evidence as a whole that he was then under the age of [F518].

[F6(2A)In this section, “pseudo-photograph” means an image, whether produced by computer-graphics or otherwise howsoever, which appears to be a photograph.

(2B)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.

(2C)In this section, references to an indecent pseudo-photograph include—

(a)a copy of an indecent pseudo-photograph;

(b)data stored on a computer disc or by other electronic means which is capable of conversion into [F7an indecent pseudo-photograph] .]

(3)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to imprisonment for a period not exceeding [F86 months] or to a fine not exceeding the prescribed sum within the meaning of [F9section 225(8) of the Criminal Procedure (Scotland) Act 1995] (at the passing of this Act £1,000) or to both;

(b)on conviction on indictment, to imprisonment for a period not exceeding [F10[F1110 years]] or to a fine or to both.

(4)For the purposes of this section, a person is to be regarded as distributing an indecent photograph [F12 or pseudo-photograph] if he parts with possession of it to, or exposes or offers it for acquisition by, another person.

(5)Where a person is charged with an offfence under subsection (1)(b) or (c) above, it shall be a defence for him to prove—

(a)that he had a legitimate reason for distributing or showing the photograph [F12 or pseudo-photograph] or (as the case may be) having it in his possession; or

(b)that he had not himself seen the photograph [F12or pseudo-photograph] and did not know, nor had any cause to suspect, it to be indecent.

(6)In paragraph 2 of the Schedule to the M1 Visiting Forces Act 1952 (offences against the person in the case of which a member of a visiting force is in certain circumstances not liable to be tried by a United Kingdom court) the word “ and” immediately preceding sub-paragraph (b)(iii) shall be omitted and after the said sub-paragraph (b)(iii) there shall be added—

(iv)section 52(1)(a) of the Civic Government (Scotland) Act 1982.

F13(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section—

(a)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;

(b)a photograph (including one comprised in a film) shall, if it shows a child and is indecent, be treated for all purposes of this section as an indecent photograph of a child;

[F14(c)references to a photograph include—

(i)the negative as well as the positive version; and

(ii)data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.]

(d)film” includes any form of video-recording.

[F15(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.]

Textual Amendments

F1Words in s. 52(1)(a) inserted (3.2.1995) by 1994 c. 33, s. 84(6)(a)(i) (with Sch. 9 para. 17)

F2Words in s. 52(1)(a) substituted (3.2.1995) by 1994 c. 33, s. 84(6)(a)(ii) (with Sch. 9 para. 17

F3Words in s. 52(1)(b)(c)(d) inserted (3.2.1995) by 1994 c. 33, s. 84(6)(b); S.I. 1995/127, art. 2(1), Sch. 1

F4Words in s. 52(2) inserted (3.2.1995) by 1994 c. 33, s. 84(6)(c); S.I. 1995/127, art. 2(1), Sch. 1

F6S. 52(2A)-(2C) added (3.2.1995) by 1994 c. 33, s. 84(6)(d); S.I. 1995/127, art. 2(1), Sch. 1

F8Words in s. 52(3)(a) substituted (3.2.1995) by 1994 c. 33, s. 84(6)(e)(i); S.I. 1995/127, art. 2(1), Sch. 1

F9Words in s. 52(3) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 44(3)

F10Words in s. 52(3)(b) substituted (3.2.1995) by 1994 c. 33, s. 84(6)(e)(ii); S.I. 1995/127, art. 2(1), Sch. 1

F12Words in s. 52(4)(5)(a)(b) substituted (3.2.1995) by 1994 c. 33, s. 84(6)(f); S.I. 1995/127, art. 2(1), Sch. 1

F14S. 52(8)(c) substituted (3.2.1995) by 1994 c. 33, s. 84(6)(g); S.I. 1995/127, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C2The text of ss. 16, 18(11), 51(7) and 52(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

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