united-kingdom minor online child-abuse
Can an adult (25 y/o) be prosecuted for writing pornography with a minor (16 y/o) in the UK?
<p>If a 25 y/o adult in the UK writes and distributes sexually explicit material with/to a 16 y/o can they be prosecuted for Child Sexual Abuse? The adult has been grooming the minor online, confessed their love for the minor, and intends to meet the minor to start a relationship. I fear for this child's safety but I don't know if this is illegal activity or consensual under UK law.</p>

<p>Four potential offences come to mind on the provision of further information:</p>
<ul>
<li>Publishing, distributing, or making an indecent pseudo-photograph of a child contrary to <a href="https://www.legislation.gov.uk/ukpga/1978/37" rel="nofollow noreferrer">Section 1 of the Protection of Children Act 1978</a> (PCA)</li>
<li>Possession of an indecent photograph of a child contrary to <a href="https://www.legislation.gov.uk/ukpga/1988/33/section/160" rel="nofollow noreferrer">Section 160 of the Criminal Justice Act 1988</a></li>
<li>Possession of a prohibited image of a child contrary to <a href="https://www.legislation.gov.uk/ukpga/2009/25/section/62" rel="nofollow noreferrer">Section 62 of the Coroners and Justice Act 2009</a></li>
<li>Publication of obscene matter contrary to <a href="https://www.legislation.gov.uk/ukpga/Eliz2/7-8/66" rel="nofollow noreferrer">Section 2 of the Obscene Publications Act 1959</a></li>
</ul>
<p>Whether an offence has actually been committed will depend on the exact nature of the drawings. If they are traced or some sort of derivative of a photograph (a sketch of a photograph, for example) then they will be captured by <a href="https://www.legislation.gov.uk/ukpga/1978/37/section/7" rel="nofollow noreferrer">Section 7 of the PCA 1978</a>:</p>
<blockquote>
<ol start="4">
<li>References to a photograph include—</li>
</ol>
<p>...</p>
<p>(b) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.]</p>
<p>(4A) References to a photograph also include—</p>
<p>(a) a tracing or other image, whether made by electronic or other means (of whatever nature)—</p>
<p>(i) which is not itself a photograph or pseudo-photograph, but</p>
<p>(ii) which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both); and</p>
<p>(b) data stored on a computer disc or by other electronic means which is capable of conversion into an image within paragraph (a);</p>
</blockquote>
<p>However, if they are a cartoon, manga, non-traced physical drawing, or computer-generated image, they will be captured by <a href="https://www.legislation.gov.uk/ukpga/2009/25/section/62" rel="nofollow noreferrer">Section 62 of the Coroners and Justice Act 2008</a> which prohibits the possession of a prohibited image of a child.</p>
<p>For this offence, the following criteria apply:</p>
<ol>
<li><p>The image must be pornographic - &quot;An image is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.&quot; (s3 of the Act)</p>
</li>
<li><p>It must be an image that focuses solely or principally on a child's genitals or anal region, or shows any of the following acts:</p>
</li>
</ol>
<ul>
<li>the performance by a person of an act of intercourse or oral sex with or in the presence of a child;</li>
<li>an act of masturbation by, of, involving or in the presence of a child;</li>
<li>an act which involves penetration of the vagina or anus of a child with a part of a person's body or with anything else;</li>
<li>an act of penetration, in the presence of a child, of the vagina or anus of a person with a part of a person's body or with anything else;</li>
<li>the performance by a child of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary);</li>
<li>the performance by a person of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary) in the presence of a child.</li>
</ul>
<ol start="3">
<li>The image must be grossly offensive, disgusting or otherwise of an obscene character.</li>
</ol>
<p>In conclusion, it is most likely that the adult would be charged with possession of a prohibited image of a child contrary to Section 62 of the Coroners and Justice Act 2009, and you should report that adult to the police as soon as possible.</p>
