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PART 1Criminal Justice

Offences involving intent to cause distress etc

34Meaning of “disclose” and “photograph or film”

(1)The following apply for the purposes of section 33, this section and section 35.

(2)A person “discloses” something to a person if, by any means, he or she gives or shows it to the person or makes it available to the person.

(3)Something that is given, shown or made available to a person is disclosed—

(a)whether or not it is given, shown or made available for reward, and

(b)whether or not it has previously been given, shown or made available to the person.

(4)“Photograph or film” means a still or moving image in any form that—

(a)appears to consist of or include one or more photographed or filmed images, and

(b)in fact consists of or includes one or more photographed or filmed images.

(5)The reference in subsection (4)(b) to photographed or filmed images includes photographed or filmed images that have been altered in any way.

(6)“Photographed or filmed image” means a still or moving image that—

(a)was originally captured by photography or filming, or

(b)is part of an image originally captured by photography or filming.

(7)“Filming” means making a recording, on any medium, from which a moving image may be produced by any means.

(8)References to a photograph or film include—

(a)a negative version of an image described in subsection (4), and

(b)data stored by any means which is capable of conversion into an image described in subsection (4).