(1)It is an offence for a person to have any indecent photograph [F1or pseudo-photograph] of a child F2. . . in his possession.
(2)Where a person is charged with an offence under subsection (1) above, it shall be a defence for him to prove—
(a)that he had a legitimate reason for having the photograph [F3or pseudo-photograph] in his possession; or
(b)that he had not himself seen the photograph [F3or pseudo-photograph] and did not know, nor had any cause to suspect, it to be indecent; or
(c)that the photograph [F3or pseudo-photograph] was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.
(3)A person shall be liable on summary conviction of an offence under this section to [F4imprisonment for a term not exceeding six months or] a fine not exceeding level 5 on the standard scale [F4, or both].
(4)Sections 1(3), 2(3), 3 and 7 of the M1Protection of Children Act 1978 shall have effect as if any reference in them to that Act included a reference to this section.
F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 160(1) inserted (3.2.1995) by 1994 c. 33, s. 84(4)(a); S.I. 1995/127, art. 2(1), Sch. 1
F2Words in s. 160(1) omitted (3.2.1995) by virtue of 1994 c. 33, s. 84(4)(a); S.I. 1995/127, art. 2(1), Sch. 1 (and expressed to be repealed (4.9.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1995/1957, art.6)
F3Words in s. 160(2)(a)-(c) inserted (3.2.1995) by 1994 c. 33, s. 84(4)(b); S.I. 1995/127, art. 2(1), Sch. 1
F4Words in s. 160(3) inserted (3.2.1995) by 1994 c. 33, s. 86(1); S.I. 1995/127, art. 2(1), Sch. 1
F5S. 160(5) repealed (4.9.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1995/1957, art.6
Marginal Citations