I1

E1

C1

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.