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copy of the law



I don't know if there's more to the law than this or not, but it seems
that if they can't find any pictures on Pete's computer, then they
can't show evidence that he was ever in possession of any photographs. 
Say, if he used someone else's computer to access the site, then it was
never in his computer cache and therefore never actually in his
possession, regardless of the fact that he admitted he looked.

Also, if Pete is writing a book on child porn, or the availability of
child porn, then he might be considered to have a legitimate reason to
view the photographs.  There's been a good discussion of the legitimacy
of research on alt.music.who.

LB



Reposted from alt.music.who:

>160.-(1)  It is an offence for a person to have any indecent
photograph of a child (meaning in this section a person under the age
of 16) in his possession.

    (2)  Where a person is charged with an offence under subsection (1)
above, it shall be a defence for him to prove-
  (a)  that he had a legitimate reason for having the photograph in his
possession; or (b)  that he had not himself seen the photograph and did
not know, nor had any cause to suspect, it to be indecent; or
  (c)  that the photograph was sent to him without any prior request
made by him or on his behalf and that he did not keep it for an
unreasonable time.
    (3)  A person shall be liable on summary conviction of an offence
under this section to a fine not exceeding level 5 on the standard
scale.

    (4)  Sections 1(3), 2(3), 3 and 7 of the [1978 c. 37.] Protection
of
Children Act 1978 shall have effect as if any reference in them to that
Act included a reference to this section.

    (5)  Possession before this section comes into force is not an
offence.



NOTE section (2)

160.-(1)  It is an offence for a person to have any indecent photograph
of a child (meaning in this section a person under the age of 16) in
his
possession.

    (2)  Where a person is charged with an offence under subsection (1)
above, it shall be a defence for him to prove-
  (a)  that he had a legitimate reason for having the photograph in his
possession; or  (b)  that he had not himself seen the photograph and
did not know, nor had any cause to suspect, it to be indecent; or
  (c)  that the photograph was sent to him without any prior request
made by him or on his behalf and that he did not keep it for an
unreasonable time.
    (3)  A person shall be liable on summary conviction of an offence
under this section to a fine not exceeding level 5 on the standard
scale.

    (4)  Sections 1(3), 2(3), 3 and 7 of the [1978 c. 37.] Protection
of
Children Act 1978 shall have effect as if any reference in them to that
Act included a reference to this section.

    (5)  Possession before this section comes into force is not an
offence.






=====
God bless the thunder.  Love to The Who.
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