Can an adult (25 y/o) be prosecuted for writing pornography with a minor (16 y/o) in the UK?

Question

If a 25 y/o adult in the UK writes and distributes sexually explicit material with/to a 16 y/o can they be prosecuted for Child Sexual Abuse? The adult has been grooming the minor online, confessed their love for the minor, and intends to meet the minor to start a relationship. I fear for this child's safety but I don't know if this is illegal activity or consensual under UK law.

Answer 1

Four potential offences come to mind on the provision of further information:

• Publishing, distributing, or making an indecent pseudo-photograph of a child contrary to Section 1 of the Protection of Children Act 1978 (PCA)
• Possession of an indecent photograph of a child contrary to Section 160 of the Criminal Justice Act 1988
• Possession of a prohibited image of a child contrary to Section 62 of the Coroners and Justice Act 2009
• Publication of obscene matter contrary to Section 2 of the Obscene Publications Act 1959

Whether an offence has actually been committed will depend on the exact nature of the drawings. If they are traced or some sort of derivative of a photograph (a sketch of a photograph, for example) then they will be captured by Section 7 of the PCA 1978:

4. References to a photograph include—

...

(b) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.]

(4A) References to a photograph also include—

(a) a tracing or other image, whether made by electronic or other means (of whatever nature)—

(i) which is not itself a photograph or pseudo-photograph, but

(ii) which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both); and

(b) data stored on a computer disc or by other electronic means which is capable of conversion into an image within paragraph (a);

However, if they are a cartoon, manga, non-traced physical drawing, or computer-generated image, they will be captured by Section 62 of the Coroners and Justice Act 2008 which prohibits the possession of a prohibited image of a child.

For this offence, the following criteria apply:

1. The image must be pornographic - "An image is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal." (s3 of the Act)

2. It must be an image that focuses solely or principally on a child's genitals or anal region, or shows any of the following acts:

• the performance by a person of an act of intercourse or oral sex with or in the presence of a child;
• an act of masturbation by, of, involving or in the presence of a child;
• an act which involves penetration of the vagina or anus of a child with a part of a person's body or with anything else;
• an act of penetration, in the presence of a child, of the vagina or anus of a person with a part of a person's body or with anything else;
• the performance by a child of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary);
• the performance by a person of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary) in the presence of a child.

3. The image must be grossly offensive, disgusting or otherwise of an obscene character.

In conclusion, it is most likely that the adult would be charged with possession of a prohibited image of a child contrary to Section 62 of the Coroners and Justice Act 2009, and you should report that adult to the police as soon as possible.