What is an indecent image?
Have you - or someone close to you - been accused of an indecent image offence? You are likely trying to plan how to get the best possible outcome and want to learn as much as possible.
Our indecent images solicitors are here to help. This article discusses what the definition of an indecent image is, what forms they can take, how they are categorised, what offences you can be accused of, the sentencing, and possible defences.
What is an indecent image?
An indecent image is a sexual image of an individual under the age of 18. These images can depict children involved in sexual acts and/or naked or partially clothed children in sexual poses.
It is illegal to make, possess, and share these images.
Indecent images can be real pictures of real children or pseudo-photographs which have been created artificially using computer software.
What forms can indecent images take?
Indecent images are illegal in both physical and digital formats.
These include (but are not limited to):
- Digital and physical photographs.
- Videos.
- Film negatives.
- Deleted digital files that can be recovered from a device.
- Pseudo-photographs.
- Data files that can be converted into images.
- Tracings and drawings based on real indecent images.
What are the categories of images?
Indecent images are categorised by severity of the contents. There are 3 categories: A, B, and C.
- Category A: Depicts penetrative sexual acts.
- Category B: Depicts non-penetrative sexual acts.
- Category C: Sexual content that doesn’t fall under Categories A and B.
What offences are connected to indecent images?
There are 3 main offences when it comes to indecent images:
- Making - creating an original image or creating additional copies of an image.
- Distributing - sharing the image with others.
- Possessing - storing the image and being able to retrieve it.
What is the punishment for an indecent image conviction?
The sentence for an indecent image conviction depends on the specifics of the case. The maximum sentence is as follows:
- Making an indecent image - 10 years imprisonment.
- Distributing an indecent image - 10 years imprisonment.
- Possessing an indecent image - 5 years’ imprisonment.
Many indecent images cases are dropped with the right defence.
How can I defend myself against an indecent image charge?
There are many defences you can use to fight against indecent image charges. You can use a combination of questioning the evidence, the circumstances surrounding the offence, and other mitigating factors.
Some defences you may rely on include:
- You had no knowledge that the images existed.
- You had no reason to believe you would be making/possessing/sharing an indecent image.
- Your age / mental health / learning disability means you didn’t understand the situation.
- You are remorseful and have sought rehabilitation to prevent further offending.
- You have been mistakenly accused.
- The images have been categorised incorrectly.
- Procedural errors mean that the evidence is no longer credible.
If you find yourself in this situation, you must instruct an expert indecent images solicitor as soon as possible. At Holborn Adams, our team is led by Andrew Ford, a UK leading sexual defence solicitor, who specialises in online sexual offending cases.
We aim to get cases thrown out pre-charge or pre-trial. If this isn’t possible, we will fight for the best possible outcome for you. The earlier you contact us, the better.
