Section 138(6)

In the Sentencing Code, after section 154 insert— Subsection (2) applies where a person commits an offence under section 66E of the Sexual Offences Act 2003 (creating purported intimate image of adult). The purported intimate image to which the offence relates, and anything containing it, is to be regarded for the purposes of section 153 (and section 157(3)(b)) as used for the purposes of committing the offence (including where it is committed by aiding, abetting, counselling or procuring). Subsection (4) applies where a person commits an offence under section 66F of the Sexual Offences Act 2003 (requesting the creation of purported intimate image of adult). A purported intimate image which is connected with the offence, and anything containing it, is to be regarded for the purposes of section 153 (and section 157(3)(b)) as used for the purposes of committing the offence (including where it is committed by aiding, abetting, counselling or procuring). A purported intimate image is connected with an offence under section 66F of the Sexual Offences Act 2003 if — it appears to be of a person who was the subject of the request to which the offence relates (whether or not it is what was requested), and it was in the offender’s possession, or under the offender’s control, as a result of that request.

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Source: legislation.gov.uk · retrieved 2026-09-04