What is the sentence for indecent images in 2025?
Are you, or someone you love, under investigation for an indecent image offence? Or are you worried you will be soon? There will be many questions running through your mind - and right at the top of the list is: what is the sentence for indecent images?
In this article, our indecent images solicitors will talk you through the most up-to-date guidelines for sentencing for indecent images offences.
What is the maximum sentence for an indecent image offence?
The maximum sentence for indecent image offences is as follows:
- Making, distributing, showing, or possessing with intent to distribute indecent images of children - 10 years’ imprisonment.
- Possession of indecent images of children - 5 years’ imprisonment.
What is the minimum sentence for an indecent image offence?
The minimum sentence for an indecent image offence depends on the type of offence and the category of images. At the lower end, this could mean a fine, conditional discharge, or community order.
How is the sentence decided?
The courts take into consideration a number of factors when deciding what sentence to hand those found guilty of indecent image offences.
Step 1: Determine the category of image.
The first step courts take to decide the appropriate penalty for an indecent image conviction, is to consider the type of offence and the category of images. Usually, the most serious image determines the overall category of sentence.
Stage 2: Use starting point and category ranges as a guide
Once the type of offence and category has been clarified, the courts can use a set of sentencing guidelines (see table below) which state:
- The starting point (baseline sentence).
- Category range (boundaries within which the actual sentence must fall).
For example:
- Someone is convicted of possession of category A images.
- The starting point sentence is 1 year in custody.
- They have strong mitigating circumstances in their defence so the court brings their sentence down to 26 weeks.
Another example:
- Someone is convicted of producing category A images.
- The starting point is 6 years’ custody.
- They have many aggravating factors against them (such as many victims, the victim is known to them) so the court brings their sentence up to 9 years.
Source: Sentencing Council
When might the court give a community order instead of a custodial sentence?
A community order may be given instead of a custodial sentence for less serious offences, mainly in Category C and sometimes in Category B.
This is based on:
- The culpability of the offender (responsibility).
- The harm caused.
If conviction looks likely, a defence solicitor may push for a community order instead of a custodial sentence. They will need to present substantial mitigating factors to persuade the courts this is reasonable punishment for the offence.
When might the court give a suspended sentence instead of immediately serving a custodial sentence?
Sometimes the courts opt for a suspended sentence instead of immediately making you serve a custodial sentence.
Their choice depends on:
- The risk you pose to the general public.
- How realistic a prospect rehabilitation is for you.
- How strong the mitigating circumstances are.
- Whether you have a history of poor compliance with court orders.
- If immediate custody would harm others.
- If you can be appropriately punished without immediate custody.
What aggravating factors can make a sentence worse?
The court considers the nuances of the case as well as your criminal history when deciding whether to impose a more severe penalty on you if convicted.
These include:
1. Criminal history
- Previous convictions, especially for similar offences.
- Offences committed whilst on bail / licence.
- Breach of previous court orders (e.g. suspended sentence, community order, sexual harm prevention order).
2. Contents of the Images
- Depiction of children in visible pain and distress.
- Depiction of very young / vulnerable children.
- Moving images.
- Depiction of children known to the offender.
- Depiction of children who are intoxicated or drugged.
- Depiction of a number of different victims.
3. Offending behaviour relating to the images
- Images kept/made/distributed over a long period of time.
- Actively sharing images in high-traffic areas.
- Working as part of a network.
- Attempts to conceal activity (e.g. using encryption, deleting evidence).
- Images produced by abusing a position of trust.
What mitigating factors can make a sentence less severe?
The court will consider mitigating factors in your defence when determining your sentence. These are factors that potentially make the crime less serious and less of a risk to the public.
These include:
- You didn’t understand the seriousness of your actions due to your young age / learning disability / mental health issues.
- You are known to be of good character and can provide references.
- You have shown great remorse for your actions.
- You have sought rehabilitation to address your offending behaviour.
- You have no previous convictions so you are unlikely to reoffend.
Can I get a reduced sentence for pleading guilty?
You can potentially get a reduced penalty for pleading guilty, depending on where in the proceedings you do so.
What other penalties might I receive?
In addition to a prison sentence / suspended sentence / community order, you can receive additional penalties.
Sex Offender Register
If you are convicted of an indecent image offence, you will always be placed on the Sex Offenders Register.
Sexual Harm Prevention Order
Depending on the severity of the offence, you may be given a Sexual Harm Prevention Order (SHPO).
Other Ancillary Orders
Ancillary orders are extra restrictions or requirements imposed on top of your main sentence. These include:
- Forfeiture and destruction orders - your devices used in the investigation are destroyed.
- Costs order - payment of prosecution costs.
- Victim surcharge - mandatory financial penalty.
- DBS record - conviction is recorded, restricting work/volunteering with children or vulnerable adults.
How can I avoid an indecent image conviction?
Many indecent images cases are dropped - but this is only likely if you recruit the expertise of a top indecent images solicitor.
At Holborn Adams, we work with clients to get their cases dropped before charges are ever made. If this isn’t possible, then we’ll build an airtight defence to get the case thrown out before court, a not guilty verdict, or the lowest possible sentence available.
Don’t waste any time - get in touch with us now.
