From 1 May 2004, the Sexual Offences Act 2003 came into effect, which raises the legal permissible age for photography considered indecent in England, Wales and Northern Ireland from 16 to 18.
Section 45 also inserted section 1A of the 1978 Act, and section 160A of the Criminal Justice Act 1988, which create defences which apply where the photograph showed the child alone or with the defendant (but not if it showed any other person), the defendant proves that the photograph was of the child aged 16 or over and that he and the child were married or lived together as partners in an enduring family relationship, and certain other conditions are met.
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