What Are the Categories of Indecent Images? Sliding Scales and Sentencing Explained

In the UK, the term “indecent images” almost always refers to indecent images of children. There’s no specific legal definition of “indecent,” but it’s generally understood to mean images that a reasonable person would consider to be sexually suggestive or inappropriate, particularly those involving children.   

Categories of Indecent Images:

To ensure consistent sentencing, indecent images of children are categorised based on their severity. Although any indecent image of children is severe, unfortunately, there have been instances of extreme abuse that have been documented and shared by abusers. Abuse that is outside the realms of normal thought. 

This categorisation helps courts determine the appropriate sentence for offences related to their creation, possession, or distribution. The categories are:   

• Category A: These are the most severe images, depicting:

• Penetrative sexual activity with a child.   
• Sexual activity between a child and an animal (bestiality).   
• Acts of sadism or cruelty involving children.   

• Category B: These images depict:

• Non-penetrative sexual activity with a child, such as oral sex or fondling.   
• Simulated sexual activity with a child.

• Category C: This is a broad category encompassing images that are indecent but do not fall into categories A or B. These may include:   

• Nude or partially nude children in sexually suggestive poses.   
• Children in sexually suggestive clothing or situations. 
• Images with a clear sexual context or intent, even if no explicit sexual activity is depicted.

Sliding Scales and Sentencing:

Sentencing for offences involving indecent images of children is determined by several factors, including:

• Category of Images: As explained above, the more severe the images, the more serious the offense.   
• Number of Images: The number of images involved is a significant factor. Possessing a large number of images is generally considered more serious than possessing a small number.
• Role of the Offender: The offender’s role in the offense is also considered. For example, someone who creates indecent images of children will typically face a harsher sentence than someone who simply possesses them.   
• Other Aggravating or Mitigating Factors: Other factors that may be considered include:

• Whether the offender has any previous convictions.
• Whether the offender took steps to distribute the images.
• Whether the offender showed remorse for their actions.

The Sentencing Council provides guidelines for judges to follow when sentencing offenders for offenses involving indecent images of children. These guidelines provide a starting point for sentencing, but the final sentence will be determined by the specific circumstances of each case.   

Important Notes:

The categorisation of indecent images is not always straightforward, and there can be some overlap between categories. The sentencing guidelines are regularly updated to reflect changes in societal attitudes and the prevalence of online child sexual abuse.

It’s important to remember that any involvement with indecent images of children is a serious offence with potentially devastating consequences.

Can an adult be victim to indecent imagery?

Yes, an adult can be a victim of an indecent image, but the legal context and implications are different from those involving children. Here’s a breakdown:

Indecent Images of Adults:

There’s no single legal definition of “indecent” concerning adults, making it subjective and context-dependent. It generally refers to images that are considered offensive, morally objectionable, or breach accepted standards of decency.

Unlike indecent images of children, which are always illegal, the legality of indecent images of adults can actually vary depending on a few factors, including:

Consent: 

If the adult consented to the creation and distribution of the image, it’s generally legal, unless it falls under other offenses like revenge porn.

Context: 

The context in which the image is created, possessed, or distributed is crucial. For example, images that are legal in a private setting may become illegal if distributed publicly without consent.

Other Offences: 

Even with consent, certain types of adult images can be illegal if they involve other offenses, such as:

• Voyeurism: Taking images of someone in a private act without their consent.
• Revenge Porn: Sharing intimate images of someone without their consent to cause distress.
• Harassment: Using images to harass or intimidate someone.

Key Differences from Indecent Images of Children:

• Categorisation: There’s no formal categorisation system for indecent images of adults like the A, B, and C categories used for child images.
• Sentencing: Sentencing for offenses involving indecent images of adults is generally less severe than for those involving children, reflecting the different levels of harm involved.
• Focus on Consent: Consent is the key factor in determining the legality of adult images, whereas any indecent image of a child is inherently illegal due to the child’s inability to give informed consent.

Considerations for indecent images with adults

The law regarding indecent images of adults is complex and can vary depending on the specific circumstances. It’s crucial to respect individuals’ privacy and obtain their consent before creating or sharing any intimate images.

If you are unsure about the legality of any image, it’s best to err on the side of caution and avoid creating or sharing it.

Related articles:

• What is voyeurism?
• What is oral rape?
• What is attempted rape?
• What is statutory rape?
• What is the sex offenders register?
• Can a rape victim drop charges?
• Digital evidence and privacy concerns in UK sex Crime defence
• Guide to UK pornography laws
• The laws surrounding paedophile hunters
• The role of evidence in defending UK sex crime allegations
• Challenges faced by defendants in historic sex crime allegations in the UK 
• Social media and it’s role in UK sex crime allegations against defendants
• How to protect your reputation after a sex crime allegation 
• How to choose the right solicitor for your UK sex crime defence
• Understanding beyond reasonable doubt in sex crime defence
• What does the jury look for in sex crime cases
• Plea bargains in sex crime cases should you consider one
• What does the jury look for in sex crime cases

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