Part 5Criminal law
Pornography etc.
I167Penalties etc. for possession of extreme pornographic images
1
This section has effect where a person is guilty of an offence under section 63.
2
F2If the offence relates to an image that portrays any relevant act (with or without other acts), the offender is liable—
a
on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine or both.
3
If the offence relates to an image that does not portray any F3relevant act, the offender is liable—
a
on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.
4
In subsection (2)(a) or (3)(a) “the relevant period” means—
a
in relation to England and Wales, 12 months;
b
in relation to Northern Ireland, 6 months.
F15
In this section “relevant act” means—
a
in relation to England and Wales, an act within section 63(7)(a) or (b) or (7A)(a) or (b);
b
in relation to Northern Ireland, an act within section 63(7)(a) or (b).