Written question asked by Sian C James (Labour) on Thursday, 23 November 2006, in the House of Commons. It was due for an answer on Monday, 27 November 2006. It was answered by Lord Coaker (Labour) on Thursday, 30 November 2006 on behalf of the Home Office.

Paedophiles

Question: To ask the Secretary of State for the Home Department what legislation governs the making and distribution of indecent images, which are not photographs, of children; and if he will make a statement.

Answer: Section 84 of the Criminal Justice and Public Order Act 1994 updated the controls on the taking, making, distribution and possession of indecent photographs of children, set out in the Protection of Children Act 1978 and the Criminal Justice Act 1988, to include pseudo photographs of children. A pseudo photograph is an image, whether made by computer graphics or in any other way, which appears to be an indecent photograph of a child under 18. The maximum penalty for production and distribution of this material is 10 years and for possession five years’ imprisonment.The Obscene Publication Acts 1959 and 1964 cover the publication, supply and possession for gain of material, which, in the view of the court, has a tendency to ““deprave and corrupt”” those likely to read, see or hear it. This includes images of child abuse which do not meet the definition of a pseudo photograph, that is they do not appear to be a photograph of a child, if they meet this test. The maximum penalty for offences under the Act (as amended) is three years imprisonment.

Secondary information