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Section 160 of the Criminal Justice Act

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    Basics

    • Section 160 decrees that the possession of indecent photographs of children is illegal. The law recognizes no difference between a digital photograph and a printed or paper photograph. It offers no specifics about what qualifies as "indecent."

    Criminal Defense

    • According to the text of Section 160, someone cannot be punished for possession of an indecent photograph of a child if he can prove either that he has "legitimate reason for having the photograph," he "had not seen the photograph. . . and did not know. . . it was indecent" or that he did not request the photograph and did not possess it for an "unreasonable time."

    Penalty

    • Anyone convicted of possession of indecent photographs of a child can be sentenced to up to five years in prison and may be forced to pay a fine. The felony will remain on her permanent criminal record.

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