Indecent Images of Children – how are they categorised?
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We thought some information regarding the categorisation of indecent images would be helpful, especially for new users of the forum and those at the beginning of their journey.
What are ‘indecent’ images?
The term ‘indecent images of children’ refers to sexual images of anyone under the age of 18, and broadly includes:
- Images of nude or partially clothed children
- Images of children posing sexually or provocatively
- Self-generated sexual images by children (‘selfies’)
- Images depicting children engaging in both penetrative and non-penetrative sexual activity
These definitions can include still images, video’s, pseudo-photographs, and other computer data that can be converted into a photo or a video. Pseudo-photographs are defined as ‘an image, whether made by computer graphics or otherwise, appears to be a photograph’ (Protection of Children Act 1978 (UK), c.37. s.7). This definition can cover photo’s that have been edited, photoshopped, or adapted in some way. The Courts treat pseudo-photographs in the same way as a ‘true’ photograph in connection with indecent images.
What are the categories?
Indecent images of children are graded by the Internet Watch Foundation according to the levels detailed in the Sentencing Council’s Sexual Offences Definitive Guidelines (2014). There are three different categories of child sexual abuse material, each of which reflect the severity of the sexual intrusion and harm experienced by the child in any given image/video:
Category A: Considered the most severe. This includes images which depict adult(s) engaged in all forms of penetrative sexual activity with a child or children. It also includes sadism, extreme adult pornography (e.g. depicting rape) and bestiality (sexual activity with an animal).??
Category B: This includes images depicting non-penetrative sexual activity and explicit sexual activity. Non-penetrative sexual activity refers to acts such as mutual masturbation or any oral sexual activity, and, in most cases, involves the presence of an adult. Images involving explicit sexual activity usually depict a child in sexual acts without the presence of an adult. This would include depictions of activities such as masturbation.
Category C: This includes any other images that wouldn’t fall in to either category A or B described above, and could include children sexually posing, either clothed or naked.
How is severity determined?
The Court will identify which of the categories described above the images fall into. Some people may have only one level of image in their possession, although it is more likely that they will have a mixture of categories ranging from A - C. On this basis, the highest category of image present will determine the starting point. The court will also need to consider which offence category is applicable, which primarily relates to the culpability of the person in question. There are three offence categories:
Possession of images: Having physical or digital possession of an indecent image which is prohibited by law
Distribution: Includes both actual distribution and possession of the images with a view to distributing them or showing them or making them available to others. This includes allowing the images to be accessed via file-sharing software online, such as peer-to-peer file-sharing networks.
Production/taking: The actual taking of a photograph or production of a video or film, at source i.e. involvement in producing the original image.
What does ‘making indecent images’ mean?
Making is often misunderstood as it doesn’t actually mean a person made or took the original image. It is dealt with very similarly to possession and involves the viewing of an image which in turn results in the image being downloaded to the device on which it is viewed. Making an indecent image can include:
- Opening or downloading an attachment to an email containing an indecent image
- Downloading an image from a website
- Storing an image on a hard drive on a computer
- Accessing a pornographic website in which indecent images appeared by way of an automatic ‘pop-up’
Sentencing guidelines
Sentencing can vary depending on the category of the images and how they were used. To read the sentencing guidelines please visit the Sentencing Council’s website:
https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/possession-of-indecent-photograph-of-child/
If you have any further questions, please do not hesitate to contact the Stop It Now! Helpline on 0808 1000 900. One of our trained advisors will then be able to explore your situation with you further and provide tailored guidance and advice.
We hope this is helpful.
The Forum Team
What are ‘indecent’ images?
The term ‘indecent images of children’ refers to sexual images of anyone under the age of 18, and broadly includes:
- Images of nude or partially clothed children
- Images of children posing sexually or provocatively
- Self-generated sexual images by children (‘selfies’)
- Images depicting children engaging in both penetrative and non-penetrative sexual activity
These definitions can include still images, video’s, pseudo-photographs, and other computer data that can be converted into a photo or a video. Pseudo-photographs are defined as ‘an image, whether made by computer graphics or otherwise, appears to be a photograph’ (Protection of Children Act 1978 (UK), c.37. s.7). This definition can cover photo’s that have been edited, photoshopped, or adapted in some way. The Courts treat pseudo-photographs in the same way as a ‘true’ photograph in connection with indecent images.
What are the categories?
Indecent images of children are graded by the Internet Watch Foundation according to the levels detailed in the Sentencing Council’s Sexual Offences Definitive Guidelines (2014). There are three different categories of child sexual abuse material, each of which reflect the severity of the sexual intrusion and harm experienced by the child in any given image/video:
Category A: Considered the most severe. This includes images which depict adult(s) engaged in all forms of penetrative sexual activity with a child or children. It also includes sadism, extreme adult pornography (e.g. depicting rape) and bestiality (sexual activity with an animal).??
Category B: This includes images depicting non-penetrative sexual activity and explicit sexual activity. Non-penetrative sexual activity refers to acts such as mutual masturbation or any oral sexual activity, and, in most cases, involves the presence of an adult. Images involving explicit sexual activity usually depict a child in sexual acts without the presence of an adult. This would include depictions of activities such as masturbation.
Category C: This includes any other images that wouldn’t fall in to either category A or B described above, and could include children sexually posing, either clothed or naked.
How is severity determined?
The Court will identify which of the categories described above the images fall into. Some people may have only one level of image in their possession, although it is more likely that they will have a mixture of categories ranging from A - C. On this basis, the highest category of image present will determine the starting point. The court will also need to consider which offence category is applicable, which primarily relates to the culpability of the person in question. There are three offence categories:
Possession of images: Having physical or digital possession of an indecent image which is prohibited by law
Distribution: Includes both actual distribution and possession of the images with a view to distributing them or showing them or making them available to others. This includes allowing the images to be accessed via file-sharing software online, such as peer-to-peer file-sharing networks.
Production/taking: The actual taking of a photograph or production of a video or film, at source i.e. involvement in producing the original image.
What does ‘making indecent images’ mean?
Making is often misunderstood as it doesn’t actually mean a person made or took the original image. It is dealt with very similarly to possession and involves the viewing of an image which in turn results in the image being downloaded to the device on which it is viewed. Making an indecent image can include:
- Opening or downloading an attachment to an email containing an indecent image
- Downloading an image from a website
- Storing an image on a hard drive on a computer
- Accessing a pornographic website in which indecent images appeared by way of an automatic ‘pop-up’
Sentencing guidelines
Sentencing can vary depending on the category of the images and how they were used. To read the sentencing guidelines please visit the Sentencing Council’s website:
https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/possession-of-indecent-photograph-of-child/
If you have any further questions, please do not hesitate to contact the Stop It Now! Helpline on 0808 1000 900. One of our trained advisors will then be able to explore your situation with you further and provide tailored guidance and advice.
We hope this is helpful.
The Forum Team