House of Commons – May 15, 2024 – 151

I beg to move, That the clause be read a Second time.

Clause text:

New Clause 86 - Creating purported sexual image of adult ‘(1) In the Sexual Offences Act 2003, after section 66AC (inserted by Schedule 2 to this Act) insert— “66AD Creating purported sexual image of adult (1) A person (A) commits an offence if— (a) A intentionally creates a purported sexual image of another person (B), (b) A does so with the intention of causing B alarm, distress or humiliation, and (c) B does not consent to the creation of the purported sexual image. (2) A person (A) commits an offence if— (a) A intentionally creates a purported sexual image of another person (B), (b) A does so for the purpose of A or another person obtaining sexual gratification, (c) B does not consent to the creation of the purported sexual image, and (d) A does not reasonably believe that B consents. (3) “Purported sexual image” of a person means an image which— (a) appears to be or include a photograph or film of the person (but is not, or is not only, a photograph or film of the person), (b) appears to be of an adult, and (c) appears to show— (i) the person participating or engaging in a sexual act which is not of a kind ordinarily done in public, (ii) the person doing a sexual thing which is not of a kind ordinarily done in public, (iii) all or part of the person’s exposed genitals or anus, or (iv) all or part of the person’s exposed breasts, except where what appears to be shown is something of a kind ordinarily seen in public. (4) In this section, a reference to creating a purported sexual image of a person does not include doing so by modifying a photograph or film of the person where what is created by the modification is an image which— (a) appears to show the person, and (b) does not appear to show something within subsection (3)(c)(i) to (iv) which, or a person who, is not shown in the photograph or film. (5) A person who commits an offence under this section is liable on summary conviction to a fine. 66AE Creating purported sexual image of adult: definitions etc (1) This section applies for the purposes of section 66AD. (2) “Consent” to the creation of a purported sexual image includes general consent covering the particular act of creation as well as specific consent to that particular act. (3) Whether a belief is “reasonable” is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (4) A reference to an “image”, “photograph” or “film” includes data stored by any means which is capable of conversion into an image, photograph or film. (5) An image of a person appears to be an image of an adult if— (a) the impression conveyed by the image is that the person shown is aged 18 or over, or (b) the predominant impression conveyed by the image is that the person shown is aged 18 or over (even if some of the physical characteristics shown are those of a person under 18). (6) An act or thing is “sexual” if a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider it to be sexual.” (2) In section 79(5) of that Act (meaning of references to image of a person) after “a person” insert “(except in sections 66AD and 66AE)”.’—(Laura Farris.)