Cagin Husnu of Kangs Solicitors sets out the law governing the possession of extreme pornographic images.
The Law | Kangs Extreme Pornographic Images Trial Solicitors
Section 63 of the Criminal Justice and Immigration Act 2008 (‘the Act’) makes it an offence to be in possession of an extreme pornographic image, namely, one which is of a nature which would cause a person to reasonably assume that it had been produced for the sole intention of sexual arousal and that it depicts:
- an act which threatens a person’s life;
- an act which results, or is likely to result, in serious injury to a person’s anus, breasts or genitals;
- an act which involves sexual interference with a human corpse; or
- a person performing an act of intercourse or oral sex with an animal (whether dead or alive).
Conviction of the above offence attracts a maximum prison sentence of three years.
Section 65 of the Act provides possible defences where:
- the image was in a person’s possession for a legitimate reason;
- the person had not seen the image and had no knowledge or suspicion that it was an extreme pornographic image; and
- the person was sent the image, without prior request, and that it was not kept in the possession of that person for an unreasonable time.
Section 66 of the Act also provides that a defence may be available if the person can show that they directly participated in the ‘act’ and that:
- it did not involve the infliction of any non-consensual harm on any person
- any image depicted as a corpse was in fact not a corpse; or
- the non-consensual act portrayed was in fact consensual.
How Can We Assist? | Kangs Sexual Crime Defence Solicitors
It is of critical importance that you instruct solicitors with a proven track record from the moment that you are aware of such allegations being made and that you are accompanied by a solicitor at interview.
To discuss any allegation relating to extreme pornographic images or any other sexual offence please feel free to contact our Team through any of: