Part 1E+W+N.I.Sexual Offences

Other offencesE+W

[F166FRequesting the creation of purported intimate image of adultE+W

(1)A person (A) commits an offence if—

(a)A intentionally requests the creation of a purported intimate image of another person (B) (either in general or specific terms),

(b)B does not consent to A requesting the creation of the purported intimate image, and

(c)A does not reasonably believe that B consents.

(2)A person (A) commits an offence if—

(a)A intentionally requests that, if a purported intimate image of another person (B) is created, it includes or excludes something in particular (whether relating to B’s appearance, the intimate state in which B is shown or anything else),

(b)B does not consent to A requesting the inclusion or exclusion of that thing, and

(c)A does not reasonably believe that B consents.

(3)References in this section to making a request (however expressed) include doing an act which could reasonably be taken to be a request (such as, for example, indicating agreement in response to an offer or complying with conditions of an offer).

(4)References in this section to making a request (however expressed) are references to—

(a)making a request directed to a particular person or persons, or

(b)making a request so that it is available to one or more persons (or people generally), without directing it to a particular person or persons.

(5)References in this section to consent to a person requesting something are—

(a)in a case described in subsection (4)(a), references to consent to a request being made that is directed to the particular person or persons, and

(b)in a case described in subsection (4)(b), references to consent to a request being made so that it is available to the person or persons (or people generally), as appropriate.

(6)An offence under this section is committed—

(a)regardless of whether the purported intimate image is created,

(b)regardless of whether the purported intimate image, or the particular thing to be included in or excluded from such an image, is also requested by another person, and

(c)regardless of where in the world the person or persons mentioned in subsection (4)(a)and (b) is or are located.

(7)It is a defence for a person charged with an offence under this section to prove that the person had a reasonable excuse for making the request.

(8)A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).

(9)In this section, references to a purported intimate image, to creating such an image and to a person shown in an intimate state have the same meaning as in section 66E.

(10)The Secretary of State must—

(a)review the operation of subsection (7),

(b)publish the outcome of the review in a report before the end of the period of two years beginning with the day on which this section comes into force, and

(c)lay the report before Parliament.]

Textual Amendments