[F152A Possession of indecent photographs of children.S
(1)It is an offence for a person to have any indecent photograph [F2or pseudo-photograph of a child] in his possession.
(2)Where a person is charged with an offence under subsection (1), it shall be a defence for him to prove—
(a)that he had a legitimate reason for having the photograph [F3or pseudo-photograph] in his possession; or
(b)that he had not himself seen the photograph [F3or pseudo-photograph] and did not know, nor had any cause to suspect, it to be indecent; or
(c)that the photograph [F3or pseudo-photograph] was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.
(3)A person shall be liable
[F4(a)]on summary conviction of an offence under this section to [F5imprisonment for a period not exceeding 6 months or to]a fine not exceeding level 5 on the standard scale [F6“or to both.”].
[F7(b)on conviction on indictment of such an offence to imprisonment for a period not exceeding 5 years or to a fine or to both.]
(4)Subsections (2) [F8to (2C)] [F9and (8) to (10)] of section 52 of this Act shall have effect for the purposes of this section as they have for the purposes of that section.]
Textual Amendments
F1S. 52A inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1, 2) s. 161(1)(2)
F2Words in s. 52A(1) substituted (3.2.1995) by 1994 c. 33, s. 84(7); S.I. 1995/127, art. 2(1), Sch. 1
F3words in s. 52A(2)(a)-(c) inserted (3.2.1995) by 1994 c. 33, s. 84(7)(b); S.I. 1995/127, art. 2(1), Sch. 1
F4Words in s. 52A(3) renumbered as s. 52A(3)(a) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 19(1)(b), 89(2); S.S.I. 2003/288, art. 2, sch.
F5Words in s. 52A(3) inserted (3.2.1995) by 1994 c. 33, s. 84(7)(c)(i); S.I. 1995/127, art. 2(1), Sch. 1
F6Words in s. 52A(3) added (3.2.1995) by 1994 c. 33, s. 84(7)(c)(ii); S.I. 1995/127, art. 2(1), Sch. 1
F7S. 52A(3)(b) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 19(1)(b), 89(2); S.S.I. 2003/288, art. 2, sch.
F8Words in s. 52A(4) inserted (3.2.1995) by 1994 c. 33, s. 84(7)(d); S.I. 1995/127, art. 2(1), Sch. 1
F9Words in s. 52A(4) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 41(1)(b), 206(1); S.S.I. 2010/413, art. 2, sch.