PART 6MISCELLANEOUS SEXUAL OFFENCES

Other offences

F1Sending etc an unwanted sexual image72A

1

A person (A) commits an offence if—

a

A intentionally sends or gives to another person (B) a sexual image,

b

A does so—

i

without B’s consent, and

ii

without reasonably believing that B consents, and

c

either condition 1 or condition 2 is met.

2

Condition 1 is that A intends that B will look at the image and that doing so will cause humiliation, alarm or distress to B.

3

Condition 2 is that—

a

A’s purpose in sending or giving the image is to obtain sexual gratification, and

b

A is reckless as to whether B is humiliated, alarmed or distressed.

4

For the purposes of this Article, a sexual image is a photograph or film of—

a

any person engaging in a sexual activity, or

b

any person’s genitals.

5

In paragraph (4)—

  • photograph” includes the negative as well as the positive version;

  • film” means a moving image.

6

References to a photograph or film also include—

a

an image, whether made by computer graphics or in any other way, which appears to be a photograph or film,

b

a copy of a photograph, film or image within sub-paragraph (a), and

c

data stored by any means which is capable of conversion into a photograph, film or image within sub-paragraph (a).

7

References to sending or giving such a photograph or film to another person include, in particular—

a

sending it to another person by any means, electronically or otherwise,

b

showing it to another person, and

c

placing it for a particular person to find.

8

A person guilty of an offence under this Article is liable—

a

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

b

on conviction on indictment, to imprisonment for a term not exceeding 2 years.