What is a pseudo-photograph?
Are you, or someone close to you, at the centre of an indecent images case involving pseudo-photographs? It’s important to fully understand the nuances of the case being built against you or your loved one.
In this article, our team of expert indecent image solicitors explain the definition of a pseudo-photograph, their standing in law, the difference between them and prohibited images, and how you can defend yourself.
What is a pseudo-photograph?
A pseudo-photograph is a digitally manipulated or computer-generated image that appears to be a real photograph. This can include:
- Photos.
- Videos.
- Tracings and other derivatives of a photograph.
- Data that can be converted into a photograph.
These images may be fully AI-generated or real photographs that have been digitally manipulated to people that do not exist, or to represent real people in situations that did not occur.
An indecent pseudo-photograph depicts children engaging in sexual activity or in sexually suggestive poses.
Are pseudo-photographs illegal?
Yes, pseudo-photographs are illegal.
Although these images generally do not have real human child victims, they are still treated with the same gravity as authentic images.
Section 7(8) of the Protection of Children Act (1978) says that if the impression conveyed by a pseudo-photograph is that the person shown is a child, it should be treated by law as showing a child.
What are prohibited images?
There can be confusion about the difference between pseudo-photographs and prohibited images.
Prohibited images are non-photographic images which meet all 3 of the following elements:
- Pornographic.
- Grossly offensive, disgusting, or of an obscene character.
- Focus on a child’s genitals or anal region or portrays a child engaging in a sexual act or pose of any kind.
It includes CGI, cartoons, manga images, drawings, and similar. It excludes photographs or pseudo-photographs, tracings, and other derivatives of photos/pseudo-photos.
What is the sentence for offences involving pseudo-photographs?
The sentence of indecent image offences involving pseudo-photographs is the same as for real photographs.
The sentence depends on the category of image and the type of offence (making, distribution, or possession).
The maximum sentence is as follows:
- Making indecent images - 10 years’ imprisonment.
- Distributing indecent images - 10 years’ imprisonment.
- Possessing indecent images - 5 years’ imprisonment.
If found guilty, you will be placed on the Sex Offenders Register and may also be subject to a Sexual Harm Prevention Order (SHPO).
What defences are there against offences involving pseudo-photographs?
There are many defences you can pursue, including challenging evidence and putting forward mitigating factors.
Some defences include (but are not limited to):
- Prove lack of intent or knowledge the images existed / were shared.
- Prove you were not aware of the illegal nature of the images.
- Prove you accidentally viewed the material (e.g. pop-up on a website).
- Challenge the credibility of the evidence (e.g. poor procedural compliance).
- Dispute the categorisation of image (e.g. doesn’t depict a child or sexual act).
- Demonstrate remorse and efforts to seek rehabilitation.
- Claim your age / mental health / learning disability meant you did not understand the severity of your actions.
What to do if you are accused of an indecent pseudo-photograph offence?
If you, or someone you love, is in this situation, you must seek legal help immediately. The sooner you instruct a criminal defence solicitor, the better the outcome for you.
At Holborn Adams, we have a team of expert, UK-leading indecent image solicitors. Our goal is to get your case dropped pre-charge, and where this isn’t possible, to seek the best possible resolution for you.
Please get in touch with our team today.
