(1)Where a person is charged with an offence under section 63, it is a defence for the person to prove any of the matters mentioned in subsection (2).
(2)The matters are—
(a)that the person had a legitimate reason for being in possession of the image concerned;
(b)that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an extreme pornographic image;
(c)that the person—
(i)was sent the image concerned without any prior request having been made by or on behalf of the person, and
(ii)did not keep it for an unreasonable time.
(3)In this section “extreme pornographic image” and “image” have the same meanings as in section 63.
Commencement Information
I1S. 65 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(c)