More than 100,000 child abuse crimes were recorded by UK police forces between 2016 and 2021 with a large number being in connection with indecent images of children.

There is no legal definition of an ‘indecent image', according to Reed Solicitors, with it usually being left up to a jury to decide.

However, the legal firm did provide some examples of what could be classed as an indecent image: 

  • Children engaging in sexual activity either with another child or an adult
  • Naked or partially naked children
  • Children posing sexually
  • Selfies of children acting or posing in a sexual way

Reeds Solicitors added: "Under the Protection of Children Act 1978 (as amended), it is prohibited to take, make, circulate, and possess with a view to distribute any indecent photograph or pseudo photograph of a child (person under 18 years old).

"In addition, section 160 of the Criminal Justice Act 1988 makes possession of indecent photographs or pseudo photographs of children (without plans to distribute them) a criminal offence."

It is prohibited to take, circulate, and possess with a view to distribute any indecent or pseudo photography of a child (under 18).It is prohibited to take, circulate, and possess with a view to distribute any indecent or pseudo photography of a child (under 18 years). (Image: Getty Images)

What does making indecent images mean? 

The term "make" when it comes to indecent images has been given a "broad interpretation" by courts, according to the UK legal firm.

It can include:

  • Opening an indecent image through an email attachment
  • Downloading an image from a website onto a computer screen
  • Storing an image in a directory on a computer

Indecent images categories explained

According to Reed Solicitors under the Sentencing Council’s guidelines (in England and Wales) for sexual offences which includes indecent images of children, indecent image offences are grouped into three categories:

  • Category A – Images involving penetrative sexual activity, sexual activity with an animal, or sadism
  • Category B – Images involving non-penetrative sexual activity
  • Category C – Indecent images not falling in categories A or B

What does a Category A indecent images mean?

Category A indecent images are the most severe.

Reed Solicitors explains: "They include images showing a child or children being subjected to gross assault, sadism, or bestiality, and being sexually penetrated.

"Any image that depicts a child being subjected to pain also falls into Category A."

What does a Category B indecent images mean?

Category B images are "moderately" severe.

The UK legal firm continued: "They include images showing a child or children being subjected to non-penetrative sexual activity.

"This category covers two ‘levels’ on the Sentencing Guidelines Council (SGC) Guidelines, levels 2 & 3.

"These levels make a distinction between whether the child or children were engaging in sexual activities with an adult."

  • Level 2 - non-penetrative sexual activity either between children, or solo masturbation by a child
  • Level 3 - non-penetrative sexual activity between adults and children

What does a Category C indecent images mean?

This is the least severe category of the three.

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Reeds Solicitors explains: "Images of children in erotic poses fall into this category.

"In most cases, images found on a defendant’s devices fall into two or more categories.

"If convicted, the court will sentence the offender concurrently, with the highest category image (known as the lead offence) being adjusted upwards if any aggravating factors are applied."