Baroness Owen of Alderley Edge:

Tabled by Baroness Owen of Alderley Edge

69: After Clause 132, insert the following new Clause—“Digitally created sexually explicit photographs or filmsIn the Sexual Offences Act 2003, after section 66D, insert—“66E Creating or soliciting a non-consensual digitally produced sexually explicit photograph or film(1) A person (A) commits an offence if—(a) A creates or solicits the creation of a digitally produced sexually explicit photograph or film of another person (B),(b) B does not consent to the creation or solicitation of the photograph or film, and(c) A does not reasonably believe that B consents.(2) Subsection (1) applies when the solicitation of the creation of digitally produced sexually explicit photograph or film has taken place in the United Kingdom, irrespective of the location of the person or persons who have been solicited for the creation of such a photograph or film.(3) A person (A) may commit an offence under this section whether or not creation occurs.(4) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for creating, or soliciting the creation of, the photograph or film.(5) A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).(6) In relation to section 127(1) of the Magistrates’ Court Act 1980 (limitation of time) the date on which the “matter of complaint” arose will be taken as the date on which B becomes aware that an offence under this section may have been committed. (7) In this section, “soliciting” means encouraging or facilitating the creation of a digitally produced sexually explicit photograph or film.(8) In this section, “sexually explicit photograph or film” means a photograph or film, as defined in section 66A(3) to (5), which appears to be a photograph or film of anyone in an “intimate state” as defined in section 66D(5), (6) or (7).””

I thank the Minister and all noble Lords who spoke. The Minister stopped short of saying that he will bring forward an amendment at Third Reading. It is clearly the will of the House to address and debate this issue at Third Reading. I therefore give notice that in the absence of a government amendment I will be bringing back an amendment next week at Third Reading. I accept the noble Lord’s kind offer to continue to engage.

Amendment 69 not moved.

Amendments 70 to 72 not moved.