Indecent photograph of a child
TheProtection of Children Act 1978 introduced the concept of indecent photographs of children into UK legislation.
According to section 7 of the Act:
- (2) References to an indecent photograph include an indecent film, a copy of an indecent photograph or film, and an indecent photograph comprised in a film.
- (3) Photographs (including those comprised in a film) shall, if they show children and are indecent, be treated for all purposes of this Act as indecent photographs of children.
- (5) "Film" includes any form of video recording.
The Act therefore applied to films.
A child was defined to be a person under 16 years of age.
Simple possesssion of such photographs was not an offence until the passing of the Criminal Justice Act 1988. This Act depends upon the 1978 Act for the definitions of indecent photographs.
The Criminal Justice and Public Order Act 1994 amended both the 1978 and the 1988 Acts to cover pseudo-photographs and made offences under the 1978 Act serious arrestable offences.
The Criminal Justice and Court Services Act 2000 raised the maximum penalties for offences under both the 1978 and the 1988 Acts - from 3 years to 10 years for the 1978 Act, and from 6 months to 5 years for the 1988 Act. Offences under the 1988 Act thereby became arrestable offences. They were also made indictable offences.
The Sexual Offences Act 2003 raised the age of a child to 18, and created three new "pornography" offences: inciting a child to become involved in pornography (section 48); controling the actions of a child involved in pornography (s. 49); and facilitating or arranging child pornography (s. 50). A person is defined to be "involved in pornography" if "indecent images" are recorded of that person (s. 51). The term "pornography" is to be interpreted appropriately.
External links
Criminal Justice Act 1988
Criminal Justice and Public Order Act 1994
Criminal Justice and Court Services Act 2000
Sexual Offences Act 2003
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