Penalties and Enforcement
The new offences carry specific maximum penalties. According to the government, publication of such content, which includes uploading, posting, or otherwise making it available online, carries a maximum penalty of five years' imprisonment.
Possession, which can include keeping an image stored on a phone, computer, or in cloud storage, carries different penalties depending on the content:
- Possession of images depicting sexual activity involving a person pretending to be under 16 could result in up to three years' imprisonment.
- Possession of images depicting strangulation, suffocation, or penetrative sexual activity between certain relatives could result in up to two years' imprisonment.
Non-fatal strangulation is already an offence in its own right if consent is absent, but its depiction online has not been illegal until now. The amendments to the Crime and Policing Bill, which became law in April, sought to ensure such content would be captured by the legislation in England and Wales.