An indecent image is a sexual image of someone under the age of 18. This ranges from penetrative child pornography to children in sexually suggestive poses. An indecent image can be a static or moving image.

Any allegation relating to indecent images, no matter the number of images or their contents, is a serious sexual crime. Not only do those convicted face prison, they will also be placed on the sex offenders register and made subject to a Sexual Harm Prevention Order, which can be very onerous.

It is important to note that children sending sexual images to another, even with consent, can be charged with the production and distribution of indecent images.

The age of consent in the United Kingdom.

The age of consent in the United Kingdom is 16 years old. Nobody below the age of 16 can consent to sex or sexual activity.

What is an indecent image?

While there is no strict definition of ‘indecent’ in law, there are three categories of indecent images of children which are used when sentencing offenders:

Category A

A Category A image involves penetrative sexual activity, sadism or sexual activity with an animal. Any image showing the child in pain or distress also falls into Category A.

Category B

Category B images involve non-penetrative sexual activity

Category C

Category C images include indecent images which are not covered by category A or B. These include sexually suggestive photographs of children.

Extreme pornography

Though not an indecent image offence, extreme pornographic images are also illegal and are often charged alongside indecent images of children. These images can include adults committing sexual acts on animals, or torture.

A police officer will assess the images and grade them accordingly.

What are the types of indecent image offences?

In ascending order of severity, the primary indecent image charges are:

Possession of indecent images

A possession charge alleges that the offender has the indecent image under their control. It does not matter that the individual did not know that the images were indecent.

Distribution of indecent images

Sharing indecent images with others. This is usually via file sharing or peer-to-peer networks, however it can also mean sharing physical images.

Production of indecent images

Taking or facilitating the taking of the indecent images, either alone or as part of a group.

Production of indecent photographs can carry a sentence of up to nine years in prison.

Why have I been accused of ‘making’ indecent images?

Making an indecent image means that a device you control has displayed the indecent image – it has made it appear onscreen for someone to view. The making of an indecent image does not, therefore, mean you took the photograph or filmed an indecent act.

The person accused of making an indecent image must know that the image is or is likely to be indecent.

My child has been accused of distributing/producing/making indecent images, what can I do?

Even two 17-year-olds in a relationship who send each other nude photographs can be charged with the possession of indecent images of children, even though they are the child. Though ‘sexting’ is increasingly common for those under 18, young people must be aware of the criminal liability they can attract. It does not matter that they are above the age of consent, there is a different legal scheme for sexual images of children under 18.

However, prosecutors are subject to a ‘public interest’ test. This means that if it is not in the public interest to prosecute an individual, the prosecutor must stop proceedings against them. For example, two 17-year-olds ‘Sexting’ is not likely to satisfy the public interest test. The difference between the ages of the participants is relevant. There is likely to be more of a public interest where there is a significant age-gap between the teenage parties, or one of the parties is very young. We have a strong track record of defending those in these positions.

I have been accused of an indecent image offence, what do I do?

If you have been accused of an indecent image offence, you will likely be extremely worried. This will be a difficult time for you and your family. Do not panic. We can negotiate and provide written representations to help you avoid prosecution.

The time between a criminal investigation beginning and charge can run to up to 18 months. Mitigation is possible throughout proceedings. We can co-ordinate your mitigation and ease any burden it places on you.

Do not attempt to hide evidence. This can lead to additional criminal charges.

In cases of indecent images, instructing legal representation early is critical to the overall defence. If you are taken to a police station, you are entitled to free legal advice. Our specialist sexual offences team has an excellent reputation built upon a history of successful outcomes for our clients. At the police station, ask for ABV Solicitors. We have a nationwide network of specialist sexual offence solicitors who can advise you 24 hours a day, 365 days a year.

If your case is already under way, it is not too late to instruct us. Call ABV Solicitors on 0344 587 9996 to speak to one of our expert lawyers or go online at www.abvsolicitors.co.uk