66ASending etc photograph or film of genitals

1

A person (A) who intentionally sends or gives a photograph or film of any person’s genitals to another person (B) commits an offence if—

a

A intends that B will see the genitals and be caused alarm, distress or humiliation, or

b

A sends or gives such a photograph or film for the purpose of obtaining sexual gratification and is reckless as to whether B will be caused alarm, distress or humiliation.

2

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.

3

“Photograph” includes the negative as well as the positive version.

4

“Film” means a moving image.

5

References to a photograph or film also include—

a

an image, whether made or altered 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 paragraph (a), and

c

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

6

A person who commits an offence under this section is liable—

a

on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

b

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