EXTREME PORNOGRAPHY

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Possession of extreme pornographic images is a criminal offence in England and Wales under Section 63 of the Criminal Justice and Immigration Act 2008 (CJIA). The law is designed to prohibit the possession of highly offensive material that poses serious moral concerns, particularly where images portray violence, abuse, or exploitation.

For an image to be classified as extreme pornography, it must meet four key criteria:

1. Pornographic – The image must appear to have been created wholly or mainly for sexual arousal.
 

2. Grossly Offensive, Disgusting or Obscene – The image must be of such a nature that it would be considered deeply offensive by reasonable standards.
 

3. Portrays Explicit and Realistic Acts, such as:
 

• Acts that threaten a person’s life;
   
• Acts resulting (or likely to result) in serious injury to a person’s anus, breasts or genitals;
   
• Necrophilia (sexual activity with a human corpse);
   
• Bestiality (sexual acts involving animals, alive or dead);
   
• Rape or Assault by Penetration involving non-consensual sexual acts;
   
• In each case, the image must depict what a reasonable person would believe involves real people or animals, not simulations.
   

4. Serious Physical Harm – Images which realistically show acts likely to result in    significant injury may also fall within the scope of this offence.
 

Possession in this context refers to having control or custody of the image, regardless of whether the individual has viewed every file. In R v Okoro [2018], the Court clarified that knowledge of the specific content of each image is not necessary—it is enough that the person knew they had received and stored such content, and that it was accessible to them.

Yes. The CJIA 2008 sets out several statutory defences that may be available, depending on the circumstances:

You may have a defence if you can show a legitimate reason for possessing the image, for example, for law enforcement or journalistic purposes.

A defence may be available if:

• You had not seen the image, and
   
• Did not know or suspect that it was illegal.
   

If the image was sent to you without request, and you did not keep it for an unreasonable time, this may provide a defence.

Images extracted from a classified film by the British Board of Film Classification (BBFC) may be exempt if viewed in context. However, this defence will not apply where the content was extracted solely for sexual gratification.

This defence is not available for images involving bestiality or necrophilia. However, it may apply to other acts if:

• You personally participated in the act;
   
• The act did not involve non-consensual harm;
   
• The image is not as it appears (e.g. no corpse or the act was consensual).
   

Possession of extreme pornography is an either-way offence, meaning it can be heard in the Magistrates’ Court or the Crown Court. Sentencing varies depending on the nature of the material:

• Up to 2 years’ imprisonment for images involving necrophilia or bestiality
   
• Up to 3 years’ imprisonment for other types of extreme pornography
   
• Fines may also be imposed alongside or instead of custodial sentences
   

Where a custodial sentence of two years or more is imposed, the defendant may also become subject to Sex Offender Notification Requirements (SORN).

This offence requires the consent of the Director of Public Prosecutions (DPP) before formal proceedings can begin. However, under section 1(7) of the Prosecution of Offences Act 1985, a Crown Prosecutor may give consent on the DPP’s behalf, provided all necessary legal protocols are observed.

If you are under investigation or have been charged with possession of extreme pornography, it is vital to seek immediate legal advice. This is a complex and sensitive area of law where context, knowledge, and intent are central to the outcome. Early representation ensures that your rights are protected, and that all possible defences are explored and presented effectively.

We are experienced in defending cases involving extreme imagery and can provide expert guidance on challenging the allegations, negotiating outcomes, or minimising the long-term impact of a conviction.