The "offence" Of Painting Indecent Images?

[Khandro]

Whether or not the charges of abuse against a minor by Rolf Harris are true or false has yet to be proven, but I hear he is to be charged with 'Making indecent images of children'.
Does such an offence exist?

[hc4361]

Actually taking the photograph is not 'making an image' for the purpose of the Act.

[ummmm]

I don't understand what you mean by that, hc?

[hc4361]

The specific Act - the Protection of Children Act - defines 'making an image' as downloading images on to a hard drive.

Actually taking photos (of real children, with a camera, webcam, camcorder etc) comes under the Sexual Offences Act.

It is all explained here:
http://www.cps.gov.uk/legal/h_to_k/indecent_photographs_of_children/

[ummmm]

Thanks.

[hc4361]

Expansion of my first sentence at 13:43.

'Making an image' includes downloading on to a hard drive, flash drive, memory stick, memory card or any other thing capable of storing digital images.
Viewing the image but not downloading it is a mitigating factor but can still be an offence. The problem here is that it would have to proved that the image was deliberately searched for and looked at, rather than stumbled on when looking for something innocent.