Indecent images of children
Taking, making, distributing or possessing for distribution an indecent photograph or pseudo-photograph of a child under 18 is an offence under the Protection of Children Act 1978 s.1 (maximum 10 years); simple possession is an offence under the Criminal Justice Act 1988 s.160 (maximum 5 years). Both are triable either way.
The offences
- Protection of Children Act 1978 s.1: to take or make an indecent photograph or pseudo-photograph of a child, to distribute or show one, to possess one to distribute or show, or to advertise doing so.
- Criminal Justice Act 1988 s.160: possession.
- A child is anyone under 18. Photographs include films, copies and stored data; a pseudo-photograph is any image which appears to be a photograph (s.7).
- Drawings or cartoons may be prohibited images if pornographic, grossly offensive and showing a child's genitals or specified sexual acts (Coroners and Justice Act 2009 s.62, maximum 3 years).
- Prosecution needs DPP consent (1978 Act s.1(3); 1988 Act s.160(4)).
What making means
Downloading or printing an image is making it (R v Bowden [2000] 1 Cr App R 438), as can opening an email attachment, but only if the person knows the image is, or is likely to be, an indecent image of a child (R v Smith; R v Jayson [2002] EWCA Crim 683).
Mode of trial and maximum sentence
Both are triable either way, with maximums of 10 years for s.1 (1978 Act s.6) and 5 years for s.160 (s.160(2A)).
Defences
- Distribution and possession: a legitimate reason, or not having seen them and having no cause to suspect they were indecent (s.1(4); s.160(2)).
- Possession: sent unrequested and not kept unreasonably long (s.160(2)(c)).
- Making: necessary for crime prevention or investigation, criminal proceedings, or security service or Ofcom work (s.1B).
- Limited exceptions where the child was 16 or over, married to, a civil partner of or living with the defendant as partners, and no one else is shown (s.1A; 1988 Act s.160A).
Sentencing
The Sentencing Council guideline has three categories:
- Category A: penetrative sexual activity, sexual activity with an animal, or sadism.
- Category B: non-penetrative sexual activity.
- Category C: other indecent images.
The most serious images usually set the category. Starting points run from a high-level community order (possession, C) to 6 years (production, A); downloading counts as possession.
Notification
Notification applies if the images showed under-16s and the offender was 18 or over, or got at least 12 months' custody (Sexual Offences Act 2003 Sch.3 paras 13 and 15). A sexual harm prevention order may also be made.
Changes
- From 6 November 2026, offences of possessing (maximum 3 years) or publishing (5 years) pornography realistically showing real people in sexual activity where one is, or pretends to be, under 16 (Criminal Justice and Immigration Act 2008 s.67H).
- From 24 November 2026 the paedophile manual offence covers guides to creating indecent images of children.
- An offence of making, possessing or supplying child sexual abuse image-generators (5 years) is not yet in force.
In practice
Early advice matters, especially before interview.
Authorities: Protection of Children Act 1978 ss.1, 1A, 1B, 6, 7; Criminal Justice Act 1988 ss.160, 160A; Coroners and Justice Act 2009 ss.62, 66; Sexual Offences Act 2003 Sch.3 paras 13, 15; Sentencing Act 2020 s.345; R v Bowden [2000] 1 Cr App R 438; R v Smith; R v Jayson [2002] EWCA Crim 683, [2003] 1 Cr App R 13; Criminal Justice and Immigration Act 2008 ss.67H to 67J (inserted by Crime and Policing Act 2026 s.107, in force 6 November 2026, S.I. 2026/1090); Serious Crime Act 2015 s.69 as amended by Crime and Policing Act 2026 s.75 (in force 24 November 2026, S.I. 2026/1158); Crime and Policing Act 2026 s.72 (not yet in force); Sentencing Council, Possession of indecent photograph of child / Indecent photographs of children guideline (effective 1 April 2014)