Baroness Finlay of Llandaff
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Monday 2nd March 2026
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297: After Clause 91, insert the following new Clause—
“Pornographic images of sex between relatives(1) After section 67D of the Criminal Justice and Immigration Act 2008 (inserted by section 90 of this Act) insert—“67E Possession or publication of pornographic images of sex between relatives(1) It is an offence for a person (P) to be in possession of an image if—(a) the image is pornographic, within the meaning of section 63,(b) the image portrays, in an explicit and realistic way, a person (A) sexually penetrating—(i) the vagina or anus of another person (B) with a part of A’s body or anything else, or(ii) B’s mouth with A’s penis,(c) a reasonable person looking at the image would think that A and B were real, and(d) a reasonable person—(i) looking at the image, and(ii) taking into account any sound or information associated with the image,would think that A and B were related, or pretending to be related, in a way mentioned in subsection (2).(2) That is to say, A being related to B as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.(3) It is an offence for a person to publish an image of the kind mentioned in subsection (1).(4) Publishing an image includes giving or making it available to another person by any means.(5) For the purpose of subsection (1)(d)—(a) the reference to sound or information associated with the image is—(i) when subsection (1)(d) applies for the purpose of an offence under subsection (1), to sound, or information, associated with the image that is in P’s possession, and(ii) when subsection (1)(d) applies for the purpose of an offence under subsection (3), to sound, or information, associated with the image that the person in subsection (3) publishes with the image, and(b) A and B are not to be taken as pretending to be related if it is fanciful that they are actually related in the way pretended.(6) In subsection (2)—“(a) “parent” includes an adoptive parent;“(b) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;“(c) “uncle” means the brother of a person’s parent, and “aunt” has a corresponding meaning;“(d) “nephew” means the child of a person’s brother or sister, and “niece” has a corresponding meaning.(7) For the purpose of this section—“(a) “image” has the same meaning as in section 63;(b) penetration is a continuing act from entry to withdrawal;“(c) “vagina” includes vulva; (d) references to a part of the body include references to a part surgically constructed (in particular through gender reassignment surgery).(8) Subsections (1) and (3) do not apply to excluded images, within the meaning of section 64.(9) Nothing in—(a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or(b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (6)(a) or (b).(10) Proceedings for an offence under this section may not be instituted except by or with the consent of the Director of Public Prosecutions.67F Defences to offence under section 67E(1) Where a person is charged with an offence under section 67E(1), it is a defence for the person to prove any of the matters mentioned in subsection (2).(2) The matters are—(a) that the person had a legitimate reason for being in possession of the image concerned;(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67E(1);(c) that the person—(i) was sent the image concerned without any prior request having been made by or on behalf of the person, and(ii) did not keep it for an unreasonable time;(d) that—(i) the person directly participated in the act portrayed as person A or B mentioned in section 67E(1)(b),(ii) the act did not involve the infliction of any non-consensual harm on any person, and(iii) the person is not related to person B or A (as the case may be) in a way mentioned in section 67E(2).(3) Where a person is charged with an offence under section 67E(3), it is a defence for a person to prove any of the matters mentioned in subsection (4).(4) The matters are—(a) that the person had a legitimate reason for publishing the image concerned to the persons to whom they published it;(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67E(1);(c) that—(i) the person directly participated in the act portrayed as person A or B mentioned in section 67E(1)(b),(ii) the act did not involve the infliction of any non-consensual harm on any person,(iii) the person is not related to person B or A (as the case may be) in a way mentioned in section 67E(2), and(iv) the person only published the image to person B or A (as the case may be).(5) In this section, “non-consensual harm” has the same meaning as in section 66. 67G Penalties for offences under section 67E(1) A person who commits an offence under section 67E(1) is liable—(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).(2) A person who commits an offence under section 67E(3) is liable—(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).”(2) In section 68 of that Act (special rules relating to providers of information society services), after “67A” (inserted by section 90 of this Act) insert “and 67E”.(3) In Schedule 14 to that Act (special rules relating to providers of information society services), in paragraphs 3(1), 4(2) and 5(1) after “67A” (inserted by section 90 of this Act) insert “or 67E”.(4) In section 47(1) of the Adoption Act 1976, for “or sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative)” substitute “sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative), or section 67E of the Criminal Justice and Immigration Act 2008 (possession or publication of pornographic images of sex between relatives)”.(5) In section 74(1) of the Adoption and Children Act 2002—(a) omit the “or” after paragraph (a);(b) after paragraph (b) insert “, or(c) section 67E of the Criminal Justice and Immigration Act 2008 (possession or publication of pornographic images of sex between relatives).”(6) In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for the purposes of section 327A), after paragraph 13ZA (inserted by section 90 of this Act) insert—“13ZB An offence under section 67E of that Act (possession or publication of pornographic images of sex between relatives).”(7) In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 29, after paragraph (b) (inserted by section 90 of this Act) insert “;(c) section 67E (possession or publication of pornographic images of sex between relatives)”.”Member's explanatory statement
This amendment makes it an offence to possess or publish pornographic images of sex between relatives (that is to say, incest).
“Pornographic images of sex between relatives(1) After section 67D of the Criminal Justice and Immigration Act 2008 (inserted by section 90 of this Act) insert—“67E Possession or publication of pornographic images of sex between relatives(1) It is an offence for a person (P) to be in possession of an image if—(a) the image is pornographic, within the meaning of section 63,(b) the image portrays, in an explicit and realistic way, a person (A) sexually penetrating—(i) the vagina or anus of another person (B) with a part of A’s body or anything else, or(ii) B’s mouth with A’s penis,(c) a reasonable person looking at the image would think that A and B were real, and(d) a reasonable person—(i) looking at the image, and(ii) taking into account any sound or information associated with the image,would think that A and B were related, or pretending to be related, in a way mentioned in subsection (2).(2) That is to say, A being related to B as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.(3) It is an offence for a person to publish an image of the kind mentioned in subsection (1).(4) Publishing an image includes giving or making it available to another person by any means.(5) For the purpose of subsection (1)(d)—(a) the reference to sound or information associated with the image is—(i) when subsection (1)(d) applies for the purpose of an offence under subsection (1), to sound, or information, associated with the image that is in P’s possession, and(ii) when subsection (1)(d) applies for the purpose of an offence under subsection (3), to sound, or information, associated with the image that the person in subsection (3) publishes with the image, and(b) A and B are not to be taken as pretending to be related if it is fanciful that they are actually related in the way pretended.(6) In subsection (2)—“(a) “parent” includes an adoptive parent;“(b) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;“(c) “uncle” means the brother of a person’s parent, and “aunt” has a corresponding meaning;“(d) “nephew” means the child of a person’s brother or sister, and “niece” has a corresponding meaning.(7) For the purpose of this section—“(a) “image” has the same meaning as in section 63;(b) penetration is a continuing act from entry to withdrawal;“(c) “vagina” includes vulva; (d) references to a part of the body include references to a part surgically constructed (in particular through gender reassignment surgery).(8) Subsections (1) and (3) do not apply to excluded images, within the meaning of section 64.(9) Nothing in—(a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or(b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (6)(a) or (b).(10) Proceedings for an offence under this section may not be instituted except by or with the consent of the Director of Public Prosecutions.67F Defences to offence under section 67E(1) Where a person is charged with an offence under section 67E(1), it is a defence for the person to prove any of the matters mentioned in subsection (2).(2) The matters are—(a) that the person had a legitimate reason for being in possession of the image concerned;(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67E(1);(c) that the person—(i) was sent the image concerned without any prior request having been made by or on behalf of the person, and(ii) did not keep it for an unreasonable time;(d) that—(i) the person directly participated in the act portrayed as person A or B mentioned in section 67E(1)(b),(ii) the act did not involve the infliction of any non-consensual harm on any person, and(iii) the person is not related to person B or A (as the case may be) in a way mentioned in section 67E(2).(3) Where a person is charged with an offence under section 67E(3), it is a defence for a person to prove any of the matters mentioned in subsection (4).(4) The matters are—(a) that the person had a legitimate reason for publishing the image concerned to the persons to whom they published it;(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67E(1);(c) that—(i) the person directly participated in the act portrayed as person A or B mentioned in section 67E(1)(b),(ii) the act did not involve the infliction of any non-consensual harm on any person,(iii) the person is not related to person B or A (as the case may be) in a way mentioned in section 67E(2), and(iv) the person only published the image to person B or A (as the case may be).(5) In this section, “non-consensual harm” has the same meaning as in section 66. 67G Penalties for offences under section 67E(1) A person who commits an offence under section 67E(1) is liable—(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).(2) A person who commits an offence under section 67E(3) is liable—(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).”(2) In section 68 of that Act (special rules relating to providers of information society services), after “67A” (inserted by section 90 of this Act) insert “and 67E”.(3) In Schedule 14 to that Act (special rules relating to providers of information society services), in paragraphs 3(1), 4(2) and 5(1) after “67A” (inserted by section 90 of this Act) insert “or 67E”.(4) In section 47(1) of the Adoption Act 1976, for “or sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative)” substitute “sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative), or section 67E of the Criminal Justice and Immigration Act 2008 (possession or publication of pornographic images of sex between relatives)”.(5) In section 74(1) of the Adoption and Children Act 2002—(a) omit the “or” after paragraph (a);(b) after paragraph (b) insert “, or(c) section 67E of the Criminal Justice and Immigration Act 2008 (possession or publication of pornographic images of sex between relatives).”(6) In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for the purposes of section 327A), after paragraph 13ZA (inserted by section 90 of this Act) insert—“13ZB An offence under section 67E of that Act (possession or publication of pornographic images of sex between relatives).”(7) In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 29, after paragraph (b) (inserted by section 90 of this Act) insert “;(c) section 67E (possession or publication of pornographic images of sex between relatives)”.”Member's explanatory statement
This amendment makes it an offence to possess or publish pornographic images of sex between relatives (that is to say, incest).
The Deputy Speaker (Baroness Finlay of Llandaff) (CB)
Amendment 297A, as an amendment to Amendment 297, is replaced by manuscript Amendment 297AA tabled today, which clarifies where it amends Amendment 297.
Amendment 297A (to Amendment 297) not moved.