What is 'making' an image?
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Hi,
I've only been living with this for about 24 hours now, so apologies for lack of knowledge. Partner has been charged with what he understands to be possession of images. However, he showed me the letter and it says he "made indecent photographs". The word "made" is very uncomfortable for me
He says it was only ever online downloading from mixed anonymous porn sharing groups, which would be live for a matter of minutes, where he just downloaded everything, and some of the content included minors, but that CSA wasn't an interest or motivator in joining the groups. Obviously not something I am happy to hear, but I haven't made a firm decision about 'us' yet.
He says he understands the charges to be what is generally understood as "possession". I am just struggling with understanding if downloading images could be charged as 'making' images. I suppose downloading cause a copy to be 'made'. I am just nervous about the wording, as without any prior understanding of the terminology, it sounds like he actually created the original images.
Sorry this has probably been asked before, I did try to search for that but new here so don't know if I searched very well.
I've only been living with this for about 24 hours now, so apologies for lack of knowledge. Partner has been charged with what he understands to be possession of images. However, he showed me the letter and it says he "made indecent photographs". The word "made" is very uncomfortable for me
He says it was only ever online downloading from mixed anonymous porn sharing groups, which would be live for a matter of minutes, where he just downloaded everything, and some of the content included minors, but that CSA wasn't an interest or motivator in joining the groups. Obviously not something I am happy to hear, but I haven't made a firm decision about 'us' yet.
He says he understands the charges to be what is generally understood as "possession". I am just struggling with understanding if downloading images could be charged as 'making' images. I suppose downloading cause a copy to be 'made'. I am just nervous about the wording, as without any prior understanding of the terminology, it sounds like he actually created the original images.
Sorry this has probably been asked before, I did try to search for that but new here so don't know if I searched very well.
I'm so sorry that you've found yourself on this forum. You may get a better response if you post in the Discussion & Support section for future queries.
However, I can answer this one at least!
In legal terms, simple downloading of an image, even as a thumbnail, is classed as 'making' - I quite agree that this gives totally the wrong idea to the general public.
Creating original images is far, far worse legally and is, I think, called 'production'.
I hope this helps and in the meantime, make sure you take care of yourself.
However, I can answer this one at least!
In legal terms, simple downloading of an image, even as a thumbnail, is classed as 'making' - I quite agree that this gives totally the wrong idea to the general public.
Creating original images is far, far worse legally and is, I think, called 'production'.
I hope this helps and in the meantime, make sure you take care of yourself.
Hi AnotherMum,
I was confused (and scared) by this terminology at the start of our journey. 'Making' sounds like someone took photos or made a video and I wondered what exactly we were facing with our person. I did lots of research and kept notes, so here is what the CPS charging website says about what exactly making includes........
“To make” has been widely interpreted by the courts and can include the following:
Opening an attachment to an email containing an image
Downloading an image from a website onto a computer screen
Storing an image in a directory on a computer
Accessing a pornographic website in which indecent images appeared by way of automatic “pop-up” mechanism
And on the sentencing website it says
"Making an image by simple downloading should be treated as possession for the purposes of sentencing."
It's a shame that the media haven't bothered to educate themelves on this one as they will use 'making' in their reporting, despite the true definition, as it obviously sounds much more salacious!
I was confused (and scared) by this terminology at the start of our journey. 'Making' sounds like someone took photos or made a video and I wondered what exactly we were facing with our person. I did lots of research and kept notes, so here is what the CPS charging website says about what exactly making includes........
“To make” has been widely interpreted by the courts and can include the following:
Opening an attachment to an email containing an image
Downloading an image from a website onto a computer screen
Storing an image in a directory on a computer
Accessing a pornographic website in which indecent images appeared by way of automatic “pop-up” mechanism
And on the sentencing website it says
"Making an image by simple downloading should be treated as possession for the purposes of sentencing."
It's a shame that the media haven't bothered to educate themelves on this one as they will use 'making' in their reporting, despite the true definition, as it obviously sounds much more salacious!