Indecent photograph of a child

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The Protection of Children Act 1978 introduced the concept of an indecent photograph of a child into UK legislation. It is defined as both indecent and portraying a child.

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.

(4) References to a photograph include the negative as well as the positive version.

(5) "Film" includes any form of video recording.

(6) 'Child', subject to subsection (8), means a person under the age of 18.

The Act applies to films.

Simple possession of such photographs was not an offence until the passing of the Criminal Justice Act 1988, which 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 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 from 16 to 18, and created three new "pornography" offences, including inciting a child to become involved in pornography (section 48); controlling 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.