Part IV Offences, Powers of Constables, etc.
Offences of annoying, offensive, obstructive or dangerous behaviour
52BF1Sections 52 and 52A: exceptions for photographs of 16 and 17 year olds
1
If subsection (2) below applies, the accused is not guilty of an offence under section 52(1)(a) of this Act of taking or making an indecent photograph of a child.
2
This subsection applies if—
a
either—
i
the photograph was of the child aged 16 or over; or
ii
the accused reasonably believed that to be so;
b
at the time of the offence charged or at the time when the accused obtained the photograph, the accused and the child were—
i
married to or civil partners of each other; or
ii
partners in an established relationship; and
c
either—
i
the child consented to the photograph being taken or made; or
ii
the accused reasonably believed that to be so.
3
If subsection (4) below applies, the accused is not guilty of an offence under section 52(1)(b) of this Act relating to an indecent photograph of a child.
4
This subsection applies if—
a
either—
i
the photograph was of the child aged 16 or over; or
ii
the accused reasonably believed that to be so;
b
at the time of the offence charged or at the time when the accused obtained the photograph, the accused and the child were—
i
married to or civil partners of each other; or
ii
partners in an established relationship;
c
either—
i
the child consented to the photograph's being taken or made; or
ii
the accused reasonably believed that to be so; and
d
the showing or distributing of the photograph was only to the child.
5
If subsection (6) below applies, the accused is not guilty of an offence under section 52(1)(c) of this Act relating to an indecent photograph of a child.
6
This subsection applies if—
a
either—
i
the photograph was of the child aged 16 or over; or
ii
the accused reasonably believed that to be so;
b
at the time of the offence charged or at the time when the accused obtained the photograph, the accused and the child were—
i
married to or civil partners of each other; or
ii
partners in an established relationship;
c
either—
i
the child consented to the photograph's being in the accused's possession; or
ii
the accused reasonably believed that to be so; and
d
the accused had the photograph in his possession with a view to its being distributed or shown only to the child.
7
If subsection (8) below applies, the accused is not guilty of an offence under section 52A of this Act relating to an indecent photograph of a child.
8
This subsection applies if—
a
either—
i
the photograph was of the child aged 16 or over; or
ii
the accused reasonably believed that to be so;
b
at the time of the offence charged or at the time when the accused obtained the photograph, the accused and the child were—
i
married to or civil partners of each other; or
ii
partners in an established relationship; and
c
either—
i
the child consented to the photograph's being in the accused's possession; or
ii
the accused reasonably believed that to be so.
9
Subsections (2), (4), (6) and (8) above apply whether the photograph showed the child alone or with the accused, but not if it showed any other person.