UK violent image laws

[MMI]

I came across an article the other day discussing this new law. It wasn't very interesting or informative until I read that it is now a criminal offence in the UK to possess photographs of activities which are not in themselves illegal!

The mind boggles!

[icey]

this is taken from the Criminal justice bill.

btw unfortunately i dont have the link to the legal site we looked at but the proof of wether or not its intended for the purpose of sexual arousal will lay with the judge! there are some new laws proposed in regards to this where the judge will have the decision as to whether or not a jury will be necassary!
i'll try finding it, Icehawk had it but im not sure if he still has

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Pornography etc.


64
Possession of extreme pornographic images


(1)
It is an offence for a person to be in possession of an extreme pornographic


image.


(2)
An “extreme pornographic image” is an image which is both—

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(a)
pornographic, and


(b)
an extreme image.


(3)
An image is “pornographic” if it appears to have been produced solely or


principally for the purpose of sexual arousal.







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Criminal Justice and Immigration Bill
Part 6 — Criminal law


45




(4)
Where an image forms part of a series of images, the question whether the


image appears to have been so produced is to be determined by reference to—


(a)
the image itself, and


(b)
(if the series of images is such as to be capable of providing a context for


the image) the context in which it occurs in the series of images.

5

(5)
So, for example, where—


(a)
an image forms an integral part of a narrative constituted by a series of


images, and


(b)
it appears that the series of images as a whole was not produced solely


or principally for the purpose of sexual arousal,

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the image may, by virtue of being part of that narrative, be found not to be


pornographic, even though it might have been found to be pornographic if


taken by itself.


(6)
An “extreme image” is an image of any of the following—


(a)
an act which threatens or appears to threaten a person’s life,

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(b)
an act which results in or appears to result (or be likely to result) in


serious injury to a person’s anus, breasts or genitals,


(c)
an act which involves or appears to involve sexual interference with a


human corpse,


(d)
a person performing or appearing to perform an act of intercourse or

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oral sex with an animal,


where (in each case) any such act, person or animal depicted in the image is or


appears to be real.


(7)
In this section “image” means—


(a)
a moving or still image (produced by any means); or

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(b)
data (stored by any means) which is capable of conversion into an


image within paragraph (a).


(8)
In this section references to a part of the body include references to a part


surgically constructed (in particular through gender reassignment surgery).


(9)
Proceedings for an offence under this section may not be instituted—

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(a)
in England and Wales, except by or with the consent of the Director of


Public Prosecutions; or


(b)
in Northern Ireland, except by or with the consent of the Director of


Public Prosecutions for Northern Ireland

Defence


(1)
Where a person is charged with an offence under section 64, it is a defence for


the person to prove any of the matters mentioned in subsection (2).
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(2)
The matters are—


(a)
that the person had a legitimate reason for being in possession of the


image concerned;


(b)
that the person had not seen the image concerned and did not know,


nor had any cause to suspect, it to be an extreme pornographic image;

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(c)
that the person—


(i)
was sent the image concerned without any prior request having


been made by or on behalf of the person, and


(ii)
did not keep it for an unreasonable time.