The "making" offence[edit source | editbeta]
Causing an indecent photograph of a child to exist on a computer screen is considered to be "making an indecent photograph of a child".
"A person who either downloads images on to disc or who prints them off is making them. The Act is not only concerned with the original creation of images, but also their proliferation. Photographs or pseudo-photographs found on the Internet may have originated from outside the United Kingdom; to download or print within the jurisdiction is to create new material which hitherto may not have existed therein." (
R v Bowden (1999))
The
Sexual Offences Act 2003 further amended the 1978 Act so as to increase the age of a child from 16 to 18; consequently, the 2003 Act also added a defence to cover the situation where an "indecent photograph of a child" was created by that child's partner. Because of the
Bowden decision, it was also necessary to add a defence where it was necessary to make an indecent photograph or pseudo-photograph for the purposes of a criminal investigation.
1.– (1)
Subject to sections 1A and 1B, it is an offence for a person–
(a) to take, or permit to be taken or to make, any indecent photograph or
pseudo-photograph of a child; or(b) to distribute or show such indecent photographs or pseudo-photographs; or(c) to have in his possession such indecent photographs or pseudo-photographs, with a view to their being distributed or shown by himself or others; or(d) to publish or cause to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such indecent photographs or pseudo-photographs or intends to do so.