(1)This section applies for the purposes of sections 66E and 66F.
(2)“Consent” to an act includes general consent covering the particular act as well as specific consent to that particular act (and see also section 66F(5)).
(3)Whether a belief is “reasonable” is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(4)“Photograph” includes the negative as well as the positive version.
(5)“Film” means a moving image.
(6)A reference to an “image”, “photograph” or “film” includes data stored by any means which is capable of conversion into an image, photograph or film.
(7)An image of a person appears to be an image of an adult if—
(a)the impression conveyed by the image is that the person shown is aged 18 or over, or
(b)the predominant impression conveyed by the image is that the person shown is aged 18 or over (even if some of the physical characteristics shown are those of a person under 18).
(8)The “maximum term for summary offences” means—
(a)if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;
(b)if the offence is committed after that time, 51 weeks.]
Textual Amendments
F1Ss. 66E-66H inserted (6.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 138(2), 142(1); S.I. 2026/31, reg. 2