With the huge use of social media and internet sharing sites, Indecent Image offences are becoming more and more prevalent. It may be the case that a person uses a shared computer or accidentally accesses something they did not intend to.
A person can be charged with either possession, distribution or making indecent images.
Possession of indecent images is the act of keeping pictures or photographs of a criminal nature in your home, on your person or on an electronic device that has been made without the consent of the subject.
Distribution can be as simple as downloading an indecent image. This will amount to “making” for the purpose of the offence, rather than simply possession. The reasoning for this is that a download will “make” the image on the device it is downloaded to.
Often a crucial factor in cases of this nature is knowledge of having the indecent images on any device. Sometimes this may be argued in cases where the device is shared, for example. It is important to realise that not having knowledge, however, does not necessarily mean you will be found not guilty. Equally, being aware of the image does not in and of itself mean guilt.
Cases of this nature are particularly serious and sensitive when the image is of a child under 18. Additionally, the Court will take into account the reasons for possession of the image and the intentions.
