What are the categories of indecent images?
If you are facing indecent images accusations, it’s important to fully understand the charges you’re facing so you can instruct the best indecent images solicitor.
This article defines the different categories of indecent images and discusses how they are categorised.
What are indecent images?
Indecent images are nude or sexually suggestive images of anyone under 18. They are illegal to make (the definition of making indecent images is broad), possess, or distribute. Depending on the charge, penalties can be severe - up to 10 years’ imprisonment.
What are the categories of indecent images?
There are 3 categories of indecent images: A, B, and C.
Category A
Category A images depict:
- Penetrative activity.
- Bestiality.
- Sadism.
- Child in pain or distress.
These are the most extreme. Convictions almost always lead to a custodial sentence, placement on the Sex Offenders Register, and a Sexual Harm Prevention Order (SHPO), which restricts internet use and contact with children.
Category B
Category B images depict non-penetrative sexual activity.
There are 2 levels within Category B:
- Level 2 - sexual activity between children or solo masturbation by a child.
- Level 3 - sexual activity between adults and children.
These images can still result in prison and will still involve being placed on the Sex Offenders Register. You may be imposed with a SHPO.
Category C
Category C images do not depict sexual acts but are still sexual in nature. This includes:
- Nude or partially clothed children.
- Children in sexual poses.
Category C offences often result in community or suspended sentences, but custodial sentences are possible where there is a large number of images or evidence of distribution.
How do prosecutors categorise indecent images?
Police use the Child Abuse Image Database (CAID) to categorise indecent images of children. This secure database compiles images that have been seized during investigations from all over the world.
Before an image is added to CAID, it is examined and categorised by multiple independent forensic examiners to ensure accuracy. Once verified, the image is uploaded to the database.
When a device is seized, CAID can automatically check if any of the images are already in the database. If matches are found, the database provides the existing categorisation, reducing the need for officers to view every image manually.
What aggravating factors affect sentencing?
In addition to the category of image, these aggravating factors can lead to more severe penalties:
- Age/vulnerability of the child depicted.
- The child is in discernible pain or distress.
- A large number of victims.
- The child appears drugged or intoxicated.
- The child is known to the offender.
- Moving images.
What defences can you use against indecent image charges?
There are many defences you can use against indecent image charges.
In terms of the evidence:
- Use independent forensic experts to prove the images have been incorrectly categorised.
- Prove you had no knowledge the images existed or how you made them.
- Prove the images were unsolicited and you took reasonable and quick steps to delete them.
- Prove it is a case of mistaken identity and you were not the person responsible.
- Argue procedural errors mean the evidence is unreliable.
You can also use mitigating factors, such as:
- Your young age / immaturity / mental health issues / learning disability.
- Your good character / no prior offences.
- Demonstration of remorse and rehabilitation efforts.
It is critical to instruct a defence solicitor as soon as you become aware that accusations could or have been made against you - many indecent images cases are dropped with the right defence strategy.
At Holborn Adams, our indecent images solicitors are experts in concluding cases with no further action before charges are even made. Where this is not possible, we seek non-custodial sentences without extra restrictions on your liberties.
Please get in touch with us today - early intervention reaps the best possible results.
