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(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years."
50Clause 34, page 17, line 33, leave out from "it" to "knowing" in line 34 and insert—
"(i) when another person (B) is present or is in a place from which A can be observed, and
(ii) "
51Page 17, line 36, after "of" insert "or for a reason related to"
52Page 17, line 36, leave out "or learning disability"
53Page 17, line 39, leave out "or learning disability"
54Page 17, line 39, after "it" insert "or for a reason related to it"
55Page 18, line 1, after "liable" insert "—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) "
56Clause 35, page 18, line 8, leave out "a photograph or pseudo-photograph" and insert "an image"
57Page 18, line 11, after "of" insert "or for a reason related to"
58Page 18, line 11, leave out "or learning disability"
59Page 18, line 14, leave out "or learning disability"
60Page 18, line 14, after "it" insert "or for a reason related to it"
61Page 18, line 21, after "liable" insert "—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) "
62Clause 36, page 18, line 32, leave out "or learning disability"
63Page 18, line 34, leave out "or learning disability"
64Page 18, line 35, leave out from "section" to "if" in line 39
65Page 18, line 44, at end insert ", is liable, on conviction on indictment, to imprisonment for life.



(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years."
66Clause 37, page 19, line 8, leave out "or learning disability"
67Page 19, line 10, leave out "or learning disability"
68Page 19, line 11, leave out from "section" to "if" in line 15
69Page 19, line 20, at end insert ", is liable, on conviction on indictment, to imprisonment for life.

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    ( ) Unless subsection (2) applies, a person guilty of an offence under this section is liable—


(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years."
70Clause 38, page 19, line 26, leave out from "it" to "knowing" in line 27 and insert—
"(i) when another person (B) is present or is in a place from which A can be observed, and
(ii) "
71Page 19, line 29, after "present" insert "or in the place referred to in paragraph (c)(i)"
72Page 19, line 32, leave out "or learning disability"
73Page 19, line 34, leave out "or learning disability"
74Clause 39, page 20, line 1, leave out "a photograph or pseudo-photograph" and insert "an image"
75Page 20, line 7, leave out "or learning disability"
76Page 20, line 9, leave out "or learning disability"
77Clause 40, page 20, line 21, leave out "or learning disability"
78Page 20, line 23, leave out "or learning disability"
79Page 20, line 26, leave out "or learning disability"
80Page 20, line 28, leave out "or learning disability"
81Clause 41, page 21, line 6, leave out "or learning disability"
82Page 21, line 8, leave out "or learning disability"
83Page 21, line 11, leave out "or learning disability"
84Page 21, line 13, leave out "or learning disability"
85Clause 42, page 21, line 36, leave out from "it" to "knowing" in line 37 and insert—
"(i) when another person (B) is present or is in a place from which A can be observed, and
(ii) "
86Page 21, line 39, leave out "or learning disability"
87Page 21, line 41, leave out "or learning disability"
88Page 21, line 44, leave out "or learning disability"
89Page 21, line 46, leave out "or learning disability"
90Clause 43, page 22, line 13, leave out "a photograph or pseudo-photograph" and insert "an image"
91Page 22, line 16, leave out "or learning disability"
92Page 22, line 18, leave out "or learning disability"
93Page 22, line 21, leave out "or learning disability"
94Page 22, line 23, leave out "or learning disability"
95Clause 44, page 23, line 6, leave out "or learning disability"
96Clause 45, page 23, line 31, leave out from "if" to end and insert "at the time—
(a) B is 16 or over, and
(b) A and B are lawfully married"
97Page 23, line 32, leave out "A to prove that he" and insert "the defendant to prove that A"
98Clause 47, page 24, leave out lines 8 to 27 and insert— ""1A Marriage and other relationships (1) This section applies where, in proceedings for an offence under section 1(1)(a) of taking or making an indecent photograph of a child, or for an offence under section 1(1)(b) or (c) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—


    (a) were married, or

13 Nov 2003 : Column 1635


    (b) lived together as partners in an enduring family relationship.


    (2) Subsections (5) and (6) also apply where, in proceedings for an offence under section 1(1)(b) or (c) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he—


    (a) were married, or


    (b) lived together as partners in an enduring family relationship.


    (3) This section applies whether the photograph showed the child alone or with the defendant, but not if it showed any other person.


    (4) In the case of an offence under section 1(1)(a), if sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph being taken or made, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.


    (5) In the case of an offence under section 1(1)(b), the defendant is not guilty of the offence unless it is proved that the showing or distributing was to a person other than the child.


    (6) In the case of an offence under section 1(1)(c), if sufficient evidence is adduced to raise an issue both—


    (a) as to whether the child consented to the photograph being in the defendant's possession, or as to whether the defendant reasonably believed that the child so consented, and


    (b) as to whether the defendant had the photograph in his possession with a view to its being distributed or shown to anyone other than the child,


    the defendant is not guilty of the offence unless it is proved either that the child did not so consent and that the defendant did not reasonably believe that the child so consented, or that the defendant had the photograph in his possession with a view to its being distributed or shown to a person other than the child."


    ( ) After section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of child) insert—


    "160A Marriage and other relationships


    (1) This section applies where, in proceedings for an offence under section 160 relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—


    (a) were married, or


    (b) lived together as partners in an enduring family relationship.


    (2) This section also applies where, in proceedings for an offence under section 160 relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he—


    (a) were married, or


    (b) lived together as partners in an enduring family relationship.


    (3) This section applies whether the photograph showed the child alone or with the defendant, but not if it showed any other person.


    (4) If sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph being in the defendant's possession, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.""

13 Nov 2003 : Column 1636


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