Member

2: After Clause 139, insert the following new Clause— “Creating purported intimate image of adult(1) The Sexual Offences Act 2003 is amended in accordance with subsections (2) and (3).(2) After section 66D insert—“66E Creating purported intimate image of adult(1) A person (A) commits an offence if—(a) A intentionally creates a purported intimate image of another person (B),(b) B does not consent to the creation of the purported intimate image, and(c) A does not reasonably believe that B consents.(2) “Purported intimate image” of a person means an image which—(a) appears to be, or to 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 the person in an intimate state.(3) Subsections (5) to (9) of section 66D (person in an intimate state) apply for the purposes of this section as if references in those subsections to a photograph or film were references to an image.(4) References in this section to creating a purported intimate image of a person do 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, but(b) does not appear to show—(i) something within section 66D(5)(a) to (e) (read with subsections (6) and (7) of that section) which is not shown in the photograph or film, or(ii) a person who is not shown in the photograph or film.(5) It is a defence for a person charged with an offence under this section to prove that the person had a reasonable excuse for creating the purported intimate image.(6) A person who commits an offence under this section is liable on summary conviction to a fine.66F Creating purported intimate image of an adult: further definitions etc(1) This section applies for the purposes of section 66E.(2) “Consent” to the creation of a purported intimate 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) “Photograph” includes the negative as well as the positive version.(5) “Film” means a moving image.(6) 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.(7) 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).”(3) In section 79(5) (meaning of references to image of a person), after “a person” insert “(except in sections 66E and 66F)”.(4) In the Sentencing Code, after section 154 insert—“154A Purported intimate images to be treated as used for purpose of certain offences(1) This section applies where a person commits an offence under section 66E of the Sexual Offences Act 2003 (creating purported intimate image of adult).(2) The purported intimate image to which the offence relates, and anything containing it, is to be regarded for the purposes of section 153 (and section 157(3)(b)) as used for the purposes of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).””Member’s explanatory statement This clause makes it an offence to create a purported intimate image of an adult without consent and provides that deprivation orders can be made under the Sentencing Code in connection with the offence.