Legislation – Criminal Justice and Immigration Act 2008
Changes to legislation:
Criminal Justice and Immigration Act 2008, Section 66 is up to date with all changes known to be in force on or before 29 March 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Part 5Criminal law
Pornography etc.
66Defence: participation in consensual acts
F1A1
Subsection (A2) applies where in England and Wales—
(a)
a person (“D”) is charged with an offence under section 63, and
(b)
the offence relates to an image that portrays an act or acts within subsection (7)(a) to (c) or (7A) of that section (but does not portray an act within subsection (7)(d) of that section).
A2
It is a defence for D to prove—
(a)
that D directly participated in the act or any of the acts portrayed, and
(b)
that the act or acts did not involve the infliction of any non-consensual harm on any person, and
(c)
if the image portrays an act within section 63(7)(c), that what is portrayed as a human corpse was not in fact a corpse, and
(d)
if the image portrays an act within section 63(7A), that what is portrayed as non-consensual penetration was in fact consensual.
(1)
(a)
a person (“D”) is charged with an offence under section 63, and
(b)
the offence relates to an image that portrays an act or acts F4within subsection (7)(a) to (c) or (7A) of that section (but does not portray an act within subsection (7)(d) of that section).
(2)
It is a defence for D to prove—
(a)
that D directly participated in the act or any of the acts portrayed, and
(b)
that the act or acts did not involve the infliction of any non-consensual harm on any person, and
(c)
if the image portrays an act within section 63(7)(c), that what is portrayed as a human corpse was not in fact a corpseF5; and
(d)
if the image portrays an act within section 63(7A), that what is portrayed as non-consensual penetration was in fact consensual.
(3)
For the purposes of this section harm inflicted on a person is “non-consensual” harm if—
(a)
the harm is of such a nature that the person cannot, in law, consent to it being inflicted on himself or herself; or
(b)
where the person can, in law, consent to it being so inflicted, the person does not in fact consent to it being so inflicted.