LOOK AT THE STUPID HAT MY MOTHER USED TO MAKE ME WEAR
That’s the text on the meme.
The image? A baby boy, sitting on a beach.
A clearly adult penis has been superimposed over his genitals.
The joke is clear – the hat is not the focus.
It’s easy to imagine many a man who might share this image with friends as a supposed baby photo of his own. The punch line being easy to guess – I’ve always had a huge penis.
It’s crude humour, of course.
Some people may laugh at this while others may purse their lips and declare it inappropriate.
But it’s a stretch to imagine that anyone viewing or sharing this image is doing so because of a sexual interest in children.
And yet we are seeing several people being prosecuted for possession of this particular indecent image alone.
An indecent image, in law, is an image of anyone under 18 that is indecent. While indecent images are split into three categories, when deciding whether an image is indecent or not, a jury should not rely on those categories to answer the question.
The age of the child in any indecent image can certainly be considered, but the circumstances and motive are not relevant.
That means that a person doesn’t have a defence if they can establish that they were not acting because of a sexual interest in children. A knowing possession of the image is enough to see a person prosecuted and convicted, following which they will be required to sign the Sex Offenders Register.
If you are being prosecuted because the above image was in your possession, we can help. We have helped several people who have been found to possess this particular image and no other indecent images.
We are a specialist, nationwide firm and we are here to help.
Call our expert team on 01623 397200