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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70510
Experience:  Over 5 years in practice
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What happens when caught with level 1 and 2 indecent images

Resolved Question:

What happens when caught with level 1 and 2 indecent images of children ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

Police came with a warrant because I ordered some nudist videos of children, they took my computer. I have pornograpy usually with people 18+ and pictures of children nude bathing on it, I am worried that some images might fall under Category 1 and 2 under child protection law.

So what could happen to me ?

Expert:  Jo C. replied 3 years ago.
How many images roughly?
Customer: replied 3 years ago.

If at all just a few which fall into it

Expert:  Jo C. replied 3 years ago.
Under 10?
Under 1000?
Customer: replied 3 years ago.

There might be less than 10 level 1 and just 1 or 2 level 2 it all depends how the interpret it.

Expert:  Jo C. replied 3 years ago.
Are they going to be very young children?
Customer: replied 3 years ago.

The Level 2 are around 16

Level 1 perhaps 12-13

As far as I remember

Expert:  Jo C. replied 3 years ago.
The level 2 images might collapse. Its very hard for them to prove that a 16 year old is not an 18 year old.
The level 1 images are different. Do bear in mind that they do have to be in erotic poses. It is not enough just to have images of nude children. Each image must offend of itself. They cannot argue it must be indecent because of the location that it was found.
If it is a small number of images at level 1 then you might even escape with a police caution. It is very hit and miss. It depends who reviews the case.
If they insist on prosecuting then it is very difficult to sentence. It is too serious for a conditional discharge and I think a court will feel they have to do something more than fine but it would be barest community order. Obviously it will lead to addition to the sexual offenders register.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

What if Kids are just fooling around naked ?

Expert:  Jo C. replied 3 years ago.
It depends what you mean by fooling around.
Erotic images offend.
Naked children do not necessarily although, in fairness, you don't generally take photographs of children over the ages of 12 innocently.
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