Protection of Children Act 1978 (c.37)

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Protection of Children Act 1978 (c.37)
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Indecent photographs of children.

— (1) It is an offence for a person—

(a)

to take, or permit to be taken [F1 or to make], any indecent photograph [F1 or pseudo-photograph]of a child F2 . . .; or

(b)

to distribute or show such indecent photographs [F3 or pseudo-photographs]; or

(c)

to have in his possession such indecent photographs [F3 or pseudo-photographs], with a view to their being distributed or shown by himself or others; or

(d)

to publish or cause to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such indecent photographs [F3 or pseudo-photographs], or intends to do so.

(2) For purposes of this Act, a person is to be regarded as distributing an indecent photograph [F4 or pseudo-photograph]if he parts with possession of it to, or exposes or offers it for acquisition by, another person.

(3) Proceedings for an offence under this Act shall not be instituted except by or with the consent of the Director of Public Prosecutions.

(4) Where a person is charged with an offence under subsection (1)(b) or (c), it shall be a defence for him to prove—

(a)

that he had a legitimate reason for distributing or showing the photographs [F5 or pseudo-photographs]or (as the case may be) having them in his possession; or

(b)

that he had not himself seen the photographs [F5 or pseudo-photographs]and did not know, nor had any cause to suspect, them to be indecent.

(5) References in the M1 Children and Young Persons Act 1933 (except in sections 15 and 99) to the offences mentioned in Schedule 1 to that Act shall include an offence under subsection (1)(a) above.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(7) In paragraph 1 of the Schedule of Visiting Forces Act 1952 (offences against the person in the case of which a member of a visiting force is in certain circumstances not liable to be tried by a United Kingdom court), after sub-paragraph (b)(viii)(inserted by the Sexual Offences Act 1956) there shall be added—

"(ix) section 1(1)(a) of the Protection of Children Act 1978".

Annotations:
Amendments (Textual)
F1	Words in s. 1(1)(a) inserted (3.2.1995) by 1994 c. 33, s. 84(2)(a); S.I. 1995/127, art. 2(1), Sch1
F2	Words in s. 1(1)(a) repealed (3.2.1995) by 1994 c. 33, ss. 84(2)(a), 168(3), Sch.11; S.I. 1995/127, art. 2(1), Sch1
F3	Words in s. 1(1)(b)-(d) inserted (3.2.1995) by 1994 c. 33, s. 84(2)(b); S.I. 1995/127, art. 2(1), Sch1
F4	Words in s. 1(2) inserted (3.2.1995) by 1994 c. 33, s. 84(2)(c); S.I. 1995/127, art. 2(1), Sch 1
F5	Words in s. 1(4)(a)(b) inserted (3.2.1995) by 1994 c. 33, s. 84(2)(d); S.I. 1995/127, art. 2(1), Sch1
F6	S. 1(6) repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37, Sch. 2
Modifications etc. (not altering text)
C1	Ss. 1(3), 2(3), 3, 7 amended by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 160(4), Sch. 8 para. 16
C2	The text of s. 1(7) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
M1	1933 c. 12.

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Attributes of: 1. Indecent photographs of children.
Version no	Start date	End date	Extent	Confers power	Blanket amendment
> 2	03/02/1995		E+W	N	N

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