Overview

This bill aims to criminalize the non-consensual taking, creation, or solicitation of sexually explicit photographs or films in England and Wales. It introduces new offences under the Sexual Offences Act 2003, clarifying existing definitions and providing for penalties and court-ordered deletion of images.

Description

The bill amends the Sexual Offences Act 2003 by adding two new offences:

• Offence 1: Taking or soliciting the taking of a non-consensual sexually explicit photograph or film. This includes filming, recording, or digitally creating such material without consent and without a reasonable belief of consent. A reasonable excuse is a valid defense.
• Offence 2: Creating or soliciting the creation of a non-consensual digitally produced sexually explicit photograph or film. This covers the digital creation or solicitation of such material without consent and without a reasonable belief of consent. A reasonable excuse is a valid defense.

The bill expands the definition of "intimate state" to include anything a reasonable person would consider sexual. Penalties include imprisonment for a term not exceeding the maximum for summary offences or a fine (or both). Courts may also order the deletion of all copies of the offending images or films.

Existing exemptions under section 66C of the Sexual Offences Act 2003 will apply to these new offenses. The bill applies only to England and Wales.

Government Spending

The bill doesn't directly specify any changes to government spending. The costs associated with enforcement and potential legal challenges would need further assessment.

Groups Affected

This bill will affect various groups:

• Victims of non-consensual sharing of intimate images: The bill provides legal recourse and protection for individuals whose intimate images are shared without their consent.
• Perpetrators: Individuals who take, create, or solicit the creation of non-consensual sexually explicit images or videos could face criminal prosecution.
• Law enforcement agencies: Increased workload related to investigating and prosecuting these offenses.
• Courts: Increased caseload related to trials and sentencing.

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