PART 1Criminal Justice
Offences involving intent to cause distress etc
35Meaning of “private” and “sexual”
(1)
The following apply for the purposes of section 33.
(2)
A photograph or film is “private” if it shows something that is not of a kind ordinarily seen in public.
(3)
A photograph or film is “sexual” if—
(a)
it shows all or part of an individual’s exposed genitals or pubic area,
(b)
it shows something that a reasonable person would consider to be sexual because of its nature, or
(c)
its content, taken as a whole, is such that a reasonable person would consider it to be sexual.
(4)
Subsection (5) applies in the case of —
(a)
a photograph or film that consists of or includes a photographed or filmed image that has been altered in any way,
(b)
a photograph or film that combines two or more photographed or filmed images, and
(c)
a photograph or film that combines a photographed or filmed image with something else.
(5)
The photograph or film is not private and sexual if—
(a)
it does not consist of or include a photographed or filmed image that is itself private and sexual,
(b)
it is only private or sexual by virtue of the alteration or combination mentioned in subsection (4), or