Is Just Looking a Crime? The Shocking Truth About Viewing Illegal Pornography
Is Just Looking a Crime? The Shocking Truth About Viewing Illegal Pornography
Understanding the legal distinctions between viewing and possessing illegal pornography in the UK is crucial, especially given the serious consequences associated with such offences. Many individuals may inadvertently find themselves in legally precarious situations due to a lack of clarity on these laws.
This article aims to provide comprehensive insights into what constitutes illegal pornography, the legal interpretations of viewing versus possessing such material, and the potential ramifications of these actions.
What Constitutes Illegal Pornography in the UK?
While adult pornography is generally legal in the UK, certain categories are strictly prohibited by law. Understanding these distinctions is vital to ensure compliance and avoid inadvertent legal issues.
Extreme Pornography
Defined under Section 63 of the Criminal Justice and Immigration Act 2008, extreme pornography includes material that is considered grossly offensive, disgusting, or otherwise obscene. Such content typically portrays:
- Life-Threatening Acts: Depictions of acts that threaten a person’s life.
- Serious Injury: Acts resulting in, or likely to result in, serious injury to a person’s anus, breasts, or genitals.
- Bestiality: Sexual acts involving animals.
- Necrophilia: Sexual interference with a human corpse.
- Non-Consensual Sexual Penetration: Depictions of rape or assault by penetration.
A reasonable person viewing such material would likely believe that the participants or animals depicted are real.
Indecent Images of Children
The Protection of Children Act 1978 makes it illegal to take, make, distribute, or possess indecent photographs or pseudo-photographs of individuals under 18. This includes images stored digitally or in physical form.
Is Viewing the Same as Possessing Illegal Pornography?
A common misconception is that merely viewing illegal content without downloading or storing it does not constitute possession. However, UK law interprets the act of viewing illegal material online as “making” or “possessing” it, due to the automatic creation of temporary files on the viewer’s device.
- Making Indecent Images: In the landmark case of R v Bowden (1999), the court ruled that downloading or viewing indecent images amounts to “making” them, as the act causes the images to exist on the device.
- Possession Through Viewing: Even without intentional saving, viewing illegal content can result in automatic storage in a device’s cache, leading to charges of possession. The Crown Prosecution Service (CPS) states that intentionally viewing such material is considered participation in its creation or possession.
Potential Consequences of Viewing or Possessing Illegal Pornography
Engaging with illegal pornography carries severe legal repercussions, including:
- Criminal Charges: Charges can range from making and possessing indecent images to distribution if the material is shared.
- Sentencing: Convictions can lead to significant custodial sentences. For instance, possession of category A images (the most severe) can result in up to three years’ imprisonment.
- Sex Offenders Register: Convicted individuals are typically required to register as sex offenders, impacting future employment and travel opportunities.
- Reputation Damage: Beyond legal penalties, individuals may face profound personal and professional consequences, including loss of employment and social ostracisation.
FAQs
If I accidentally view illegal content, am I at risk of prosecution?
Accidental or inadvertent viewing of illegal material may not lead to prosecution, especially if no deliberate action was taken to access such content. However, it’s crucial to exit the material immediately and avoid any further interaction. If concerned, seeking legal advice is advisable.
Does deleting my browsing history remove evidence of viewing illegal content?
Deleting browsing history does not guarantee the removal of all traces of viewed content. Temporary internet files and cached data may still exist on the device, and forensic analysis can often recover such information.
Can I be prosecuted for viewing adult pornography?
Viewing legal adult pornography is generally permissible in the UK. However, it’s essential to ensure the content does not fall into prohibited categories, such as extreme pornography or indecent images of children.
What should I do if I come across illegal content online?
If you encounter illegal material, it’s imperative not to interact with it. You can report the content to authorities such as the Internet Watch Foundation (IWF) to help prevent its dissemination.
Conclusion: The Serious Legal Consequences of Illegal Pornography
Navigating the complexities of UK laws regarding illegal pornography requires a clear understanding of what constitutes illegal material and the legal interpretations of viewing versus possessing such content. Given the severe consequences associated with these offences, it’s imperative to exercise caution and seek legal guidance if uncertain.
At Makwana Solicitors, we specialise in providing expert legal advice and representation in matters of this nature. If you have concerns or require assistance, please contact us for confidential and professional support.
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