(1)[F2Subject to section 160A,] it is an offence for a person to have any indecent photograph [F3or pseudo-photograph]of a child F4. . . 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 [F5or pseudo-photograph] in his possession; or
(b)that he had not himself seen the photograph [F5or pseudo-photograph] and did not know, nor had any cause to suspect, it to be indecent; or
(c)that the photograph [F5or 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.
[F6(2A)A person shall be liable on conviction on indictment of an offence under this section to imprisonment for a term not exceeding five years or a fine, or both.]
(3)A person shall be liable on summary conviction of an offence under this section to [F7imprisonment for a term not exceeding six months or] a fine not exceeding level 5 on the standard scale [F7, 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.
F8(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sidenote to s. 160 substituted (11.1.2001) by 2000 c. 43, s. 41(3)(b); S.I. 2000/3302, art. 2
F2Words in s. 160(1) substituted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153(2)(b), Sch. 26 para. 24
F3Words 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
F4Words 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160(1) omitted (3.2.1995) by virtue of 1994 c. 33, s. 84(4)(a); S.I. 1995/127, art. 2(1), Sch. 1 (and expressed to be repealed (4.9.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/1957, art. 6)
F5Words 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
F6S. 160(2A) inserted (11.1.2001) by 2000 c. 43, s. 41(3)(a); S.I. 2000/3302, art. 2
F7Words in s. 160(3) inserted (3.2.1995) by 1994 c. 33, s. 86(1); S.I. 1995/127, art. 2(1), Sch. 1
F8S. 160(5) repealed (4.9.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/1957, art. 6
Marginal Citations