Part 10: Communications offences Offence to be inserted into Sexual Offences Act 2003 Section 187: Sending etc photograph or film of genitals
This section creates a new offence of sending etc a photograph or film of a person’s genitals to another person, in England and Wales. It inserts a new section 66A into the Sexual Offences Act 2003 ("the 2003 Act"). Section 66A(1) provides that where a person (A) intentionally sends or gives a photograph or film of any person’s genitals to another person (B), and either A intends that B will see the genitals and be caused alarm, distress or humiliation, or A sends or gives the photograph or film for the purpose of obtaining sexual gratification and is reckless as to whether B will be caused alarm, distress or humiliation, A commits an offence.
	Subsection (2) makes clear that "sending or giving" a photograph or film includes, in particular, sending it to another person by any means, electronically or otherwise, showing it to another person, and placing it for a particular person to find.
	Subsections (3) to (5) set out what is meant by "photograph" and "film". In particular, subsection (5) makes clear that references to the terms include an image, whether made by computer graphics or in any other way, which appears to be a photograph or film; a copy of such an image, photograph, or film, and data stored by any means which is capable of conversion into such an image; photograph, or film.
	Subsection (6) provides that the offence is triable either way. Following summary conviction, the maximum penalty is six month's imprisonment prior to the coming into force of paragraph 24(A) of Schedule 22 to the Sentencing Act 2020 upon and twelve months’ thereafter. (Paragraph 24(A) of Schedule 22 to the Sentencing Act 2020 increases the general limit on custodial sentence for summary offences in magistrates’ court from six to twelve months.)