Penal Code · s 293C

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293C.
(1) In sections 293A and 293B -
(a) references to an indecent or obscene photograph include an indecent or obscene film, a copy of an indecent or obscene photograph or film, and an indecent or obscene photograph comprised in a film;
(b) photographs and pseudo-photographs (including those comprised in a film) shall, if they show children and are indecent or obscene, be treated for all purposes of this Code as indecent or obscene photographs of children;
(c) references to a photograph include -
(i) the negative as well as the positive version; and
(ii) data stored on computer disc or by other electronic means which is capable of conversion into a photograph;
(d) for the purposes of sections 293A and 293B, a photograph or pseudo-photograph is deemed to be obscene if its effect is, if taken as a whole, such as to tend to deprave and corrupt persons who, having regard to all relevant circumstances are likely (or would have been likely but for the lawful seizure of the article) to read, see or hear the matter contained or embodied in it;
(e) "film" includes any form of video recording;
If) "child" means a person under the age of 18 years;
(g) "pseudo-photograph" means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph;
(h) if the impression conveyed by a photograph or pseudo-photograph is that the person shown is a child, the photograph or pseudo-photograph shall be treated for all purposes as showing a

126 CAP. 22
Penal Code child and so shall a photograph or pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult;
(i) references to an indecent or obscene photograph or pseudo-photograph include -
(i) a copy of an indecent or obscene photograph or pseudo-photograph; and
(ii) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph or pseudo-photograph.
(2) In the proceedings under sections 293A and 293B, a person is to be taken as having been a child at any material time if it appears from the evidence as a whole that the child was then under the age of 18 years.

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s 293C

(1)

In sections 293A and 293B -

(a)

references to an indecent or obscene photograph include an indecent or obscene film, a copy of an indecent or obscene photograph or film, and an indecent or obscene photograph comprised in a film;

(b)

photographs and pseudo-photographs (including those comprised in a film) shall, if they show children and are indecent or obscene, be treated for all purposes of this Code as indecent or obscene photographs of children;

(c)

references to a photograph include -

(i)

the negative as well as the positive version; and

(ii)

data stored on computer disc or by other electronic means which is capable of conversion into a photograph;

(d)

for the purposes of sections 293A and 293B, a photograph or pseudo-photograph is deemed to be obscene if its effect is, if taken as a whole, such as to tend to deprave and corrupt persons who, having regard to all relevant circumstances are likely (or would have been likely but for the lawful seizure of the article) to read, see or hear the matter contained or embodied in it;

(e)

"film" includes any form of video recording;

If) "child" means a person under the age of 18 years;

(g)

"pseudo-photograph" means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph;

(h)

if the impression conveyed by a photograph or pseudo-photograph is that the person shown is a child, the photograph or pseudo-photograph shall be treated for all purposes as showing a

126 CAP. 22

Penal Code child and so shall a photograph or pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult;

(i)

references to an indecent or obscene photograph or pseudo-photograph include -

(i)

a copy of an indecent or obscene photograph or pseudo-photograph; and

(ii)

data stored on a computer disc or by other electronic means which is capable of conversion into a photograph or pseudo-photograph.

(2)

In the proceedings under sections 293A and 293B, a person is to be taken as having been a child at any material time if it appears from the evidence as a whole that the child was then under the age of 18 years.