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It is an offence under the Criminal Justice Act 1988 to take indecent photographs of children. Consent is not, as such, a defence. So, Ambrose is guilty of this offence. It is also an offence to show or distribute such photographs, whether or not consent has been given. If such a picture is downloaded, that counts as the 'creation' of such an image, even if it is then immediately deleted. Downloading the images is itself an offence.
Sex offences by children are on the increase. In 2003, 1,664 children were given police warnings or court orders for sex offences. By 2006 this had risen to 1,988.
The lesson from this case study is that sexual activity, even in private, is to be avoided until children are of age, and that everyone should steer clear of making or downloading photos of children if these could be regarded as indecent. However, an ordinary holiday picture of a naked child in the sea would not ordinarily be regarded as an 'indecent' photograph.
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