What Types of Indecent Images Cases Do We Handle?

At Tyler Hoffman, our indecent images solicitors are experienced in handling a wide range of cases, including:

• Possession of indecent images
• Distribution of indecent images
• Downloading indecent images
• Creation of indecent images
• Digital evidence challenges - contesting the validity and context of digital evidence used in prosecution.

Our solicitors are dedicated to providing a robust defence and ensuring a fair trial for all clients accused of indecent images offences.

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FAQs About Indecent Images Offences

What is an indecent image?

An indecent image refers to visual content that depicts children under the age of 18 in a sexually explicit manner. This includes photographs, videos and computer-generated images that show minors engaged in sexual activity or posed in a sexually provocative way. The definition also extends to pseudo-photographs, which are images that appear to be photographs but are actually created or manipulated digitally.

To be classed as an indecent image under UK law, it must feature nude or partially clothed children, or any child posing sexually in self-generated images. Whether material is ‘indecent’ is for the jury to decide, but examples include;

• Nude or partially-clothed children
• Children sexually posing
• Self-generated sexual images by children (selfies)
• Images depicting children engaging in sexual activity

UK law classifies indecent images of children into three categories (A, B and C) based on the severity and nature of the content:

• Category A indecent images involve penetrative sexual activity or other forms of extreme content
• Category B indecent images involve non-penetrative sexual activity
• Category C indecent images include all images that do not fall in categories A or B

What are prohibited images?

Prohibited images refer to non-photographic visual depictions of children, which include computer-generated images, cartoons, manga images and drawings. According to Section 62(2)(c) of the Coroners and Justice Act 2009, a prohibited image is defined as a pornographic image that is deemed to be 'grossly offensive, disgusting, or otherwise of an obscene character.'

These images are illegal under UK law due to their explicit nature and the intention behind their creation. Possession, distribution or creation of prohibited images carries significant legal penalties that reflect the seriousness of these offences. Prohibited images are classified to ensure that non-photographic content that can cause similar harm as indecent photographs is regulated and penalised appropriately.

What are extreme images?

Extreme images are defined by UK law under criteria that classify them as highly explicit and obscene. These images must meet the following criteria:

• The images involve pornographic content explicitly intended for sexual arousal.
• The content of the images is grossly offensive, disgusting or otherwise of an obscene character
• The images explicitly or realistically depict any of the following:
  • Acts threatening a person's life
  • Acts causing or likely to cause serious injury to the anus, breasts or genitals
  • Necrophilia (sexual acts with a human corpse)
  • Bestiality (sexual acts with animals, alive or dead)
  • Non-consensual penetration (rape or assault by penetration)

For an image to be classified as extreme, a reasonable person must perceive the depicted persons or animals as real. These images are illegal due to their graphic nature and potential harm, with severe penalties for possession, distribution or creation.

What does making and distributing indecent images mean?

Under Section 1 of the Protection of Children Act 1978, offences related to indecent images of children include taking, making, distributing, showing, publishing and possessing such images. These offences can be tried in either the Magistrates' Court or the Crown Court, though they are typically heard in the Crown Court.

• Making indecent images: this involves creating any indecent photograph or pseudo-photograph of a child. It includes taking the photo, permitting it to be taken, or downloading it onto a device.
• Distributing indecent images: this refers to parting with possession or offering the image to another person, including sharing via peer-to-peer (P2P) file-sharing networks.
• Possessing indecent images: this involves having control and custody of indecent images stored on a device, and requires both mental and physical possession.

Each of these actions is a serious offence, with significant legal consequences, including custodial sentences. If accused of such offences, seek specialist legal advice to help you navigate the complexities of the law and mount a robust defence.

What defences are available if charged with such an offence?

There are several defences available if you are charged with an indecent images offence. These include:

• Demonstrating that you had a legitimate reason for distributing or showing the image, such as for research or legal work.
• Proving that you had not seen the image and did not know, nor had reason to suspect, that it was indecent.
• Showing that the images were part of a bulk download of vast material from a third-party site and you were unaware that such images were included.
• Establishing that when you became aware of the images, you made efforts to delete them immediately.
• If the device containing the indecent material was not exclusively used by you, our defence computer experts can be instructed to determine which actions were performed by you, and which were done by others.

Our experienced solicitors will carefully evaluate your case to determine the most appropriate defence strategy and uphold your rights throughout the legal process.

What are the potential sentences for indecent images offences?

The potential sentences for indecent images offences in the UK vary depending on the severity and nature of the crime, as outlined in the Criminal Justice Act:

• Possession of indecent images: sentences range from a community order to up to five years' imprisonment, depending on the category of images and the quantity possessed.
• Making or taking indecent images: this can lead to sentences of up to 10 years' imprisonment.
• Distribution of indecent images: sentences can involve imprisonment for 10 years or more, particularly for large-scale distribution or involving a high volume of images.

Aggravating factors, such as previous convictions or the involvement of vulnerable victims, can increase the severity of the sentence. Conversely, mitigating factors, such as lack of intent or efforts to delete the images, may reduce the sentence. Additionally, those convicted of sexual offences of this kind are often required to register on the Sex Offenders Register, which imposes further restrictions and monitoring.