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.