A new law has come into force on 6th April banning sexual cartoons and drawings featuring children
Part 2 Chapter 2 of the Coroners and Justice Act 2009 prohibits the possession of non-photographic pornographic images of children. See also explanatory notes
Coroners and Justice Act 2009. Part 2 Chapter 2
Section 62 Possession of prohibited images of children
[Key points extracted by the Melon Farmers, See Part 2 Chapter 2 of the Coroners and Justice Act 2009 for the full text]
(1) It is an offence for a person to be in possession of a prohibited image of a child.
(2) A prohibited image is an image which—
(a) is pornographic, ie if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.
(b) falls within subsection (6), and
(c) is grossly offensive, disgusting or otherwise of an obscene character.
Note that photographic and near photographic images are not covered by this law as they are already prohibited by other more serious laws.
(6) An image falls within this subsection if it—
(a) is an image which focuses solely or principally on a child’s genitals or anal region, or
(b) portrays any of the acts:
(a) the performance by a person of an act of intercourse or oral sex with or in the presence of a child;
(b) an act of masturbation by, of, involving or in the presence of a child;
(c) an act which involves penetration of the vagina or anus of a child with a part of a person’s body or with anything else;
(d) an act of penetration, in the presence of a child, of the vagina or anus of a person with a part of a person’s body or with anything else;
(e) the performance by a child of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary);
(f) the performance by a person of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary) in the presence of a child.
63 Exclusions
An image which forms the whole or part of a classified work is excluded from the prohibition. [Albeit with exceptions where images are separated from justifying context]
64 Defences
(a) that the person had a legitimate reason for being in possession of the image concerned;
(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be a prohibited image of a child;
(c) that the person—
(i) was sent the image concerned without any prior request having been made by or on behalf of the person, and
(ii) did not keep it for an unreasonable time.
65 Meaning of image and child
(2) Image includes—
(a) a moving or still image, or
(b) data which is capable of conversion into an image.
(5) Child means a person under the age of 18.
An image of a child is where:
(a) the impression conveyed by the image is that the person shown is a child, or
(b) the predominant impression conveyed is that the person shown is a child despite the fact that some of the physical characteristics shown are not those of a child.
66 Penalties
(a) on summary conviction [at a magistrate's court], imprisonment for a term not exceeding 12 months in England and Wales and 6 months Northern Ireland or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment [at a crown court], imprisonment for a term not exceeding 3 years or a fine, or both.
