United KingdomPossession of Advice or Guidance About Abusing Children Sexually or Creating CSA Images, England and Wales and Northern Ireland
Crime and Policing Act 2026, c. 20, s. 75, amending s. 69 of the Serious Crime Act 2015
An AI prohibited practices rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
As of .
What it requires
- This amendment is enacted but not yet in force, so it asks nothing further of an app or organization until the Secretary of State brings section 75 into force by regulations; the existing offense in section 69 of the Serious Crime Act 2015 continues to apply as it stands.
- Once in force, do not possess any item, meaning anything in which information of any description is recorded, that contains advice or guidance about abusing children sexually or creating CSA images.
- It is a defense to prove a legitimate reason for being in possession of the item, that you had not read, viewed or listened to it and did not know and had no reason to suspect what it contained, or that it was sent to you without any request and you did not keep it for an unreasonable time.
- If you provide an information society service, section 69(7) of the 2015 Act points to Schedule 3 to that Act for special provision about your position.
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
On summary conviction in England and Wales, imprisonment for a term not exceeding the general limit in a magistrates' court or a fine, or both; on summary conviction in Northern Ireland, imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both; on conviction on indictment, imprisonment for a term not exceeding 3 years or a fine, or both (Serious Crime Act 2015 s. 69(3)).
What it makes you log
Logging duty
Section 69 creates a possession offense with defenses; none requires a person to keep or produce a log or record.
- Kind
- None
- As of
What this law does
Section 75 of the Crime and Policing Act 2026 amends section 69 of the Serious Crime Act 2015, the offense of possessing a 'paedophile manual', and was not in force at Royal Assent. Under section 255(1) the Act comes into force, subject to the exceptions in that section, on such day as the Secretary of State appoints by regulations. Section 69(1) of the 2015 Act makes it an offense to be in possession of any item that contains advice or guidance about abusing children sexually.
Section 75 inserts 'or creating CSA images' after 'sexually' in subsections (1) and (2)(b)(ii) of section 69.
The new definition in section 69(2A) of 'abusing children sexually or creating CSA images' covers, in England and Wales, doing anything that constitutes an offense under section 1 of the Protection of Children Act 1978, an offense under Part 1 of the Sexual Offences Act 2003 against a person under 16, or human trafficking committed with a view to sexual exploitation against a person under 16, with equivalent provisions for Northern Ireland, and it also covers 'creating (anywhere) a prohibited image of a child within the meaning of section 62 of the Coroners and Justice Act 2009'.
Section 75(4) omits the existing definition of 'abusing children sexually' from subsection (8) of section 69. That definition covered an offense under section 1 of the Protection of Children Act 1978 involving indecent photographs but not pseudo-photographs. The Government's factsheet on the Act says the amendment will 'cover Artificially Generated (AI) CSAM'.
It is a defense for the person to prove a legitimate reason for being in possession of the item, or that the person had not read, viewed or listened to the item and did not know and had no reason to suspect that it contained such advice or guidance, or that the item was sent without any request and the person did not keep it for an unreasonable time.
The penalty on summary conviction is imprisonment for a term not exceeding the general limit in a magistrates' court (England and Wales) or 6 months (Northern Ireland), or a fine, or both, and on conviction on indictment imprisonment for a term not exceeding 3 years or a fine, or both.
Proceedings may be brought in England and Wales only by or with the consent of the Director of Public Prosecutions, and in Northern Ireland only by or with the consent of the Director of Public Prosecutions for Northern Ireland. Section 69(7) of the 2015 Act provides that Schedule 3 to that Act makes special provision for persons providing information society services.
When LexLint raises it
When your app profile says your app generates content with AI or trains models.