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Possession of extreme pornographic images

s.63Criminal Justice and Immigration Act 2008

Being in possession of an image that is pornographic and that realistically portrays one of the extreme acts listed in the Act, and is grossly offensive, disgusting or otherwise obscene.

Possession of extreme pornographic images · Criminal Justice and Immigration Act 2008, s.63Card 144 / 195

Points to prove

In possession of an image
The image was pornographic
It portrayed, in an explicit and realistic way, an act which threatens a person's life; an act which results, or is likely to result, in serious injury to a person's anus, breasts or genitals; sexual interference with a human corpse; or a person performing intercourse or oral sex with an animal (dead or alive)
Or (s.63(7A))Non-consensual penile penetration of a person's vagina, anus or mouth, or non-consensual sexual penetration of a person's vagina or anus with a part of the body or anything else
A reasonable person looking at the image would think the people (and any animal) were real
The image was grossly offensive, disgusting or otherwise of an obscene character

Key definitions

Pornographic – s.63(3): of such a nature that it must reasonably be assumed to have been produced solely or principally for sexual arousal. An image within a series is judged in its context (s.63(4) and (5)).
Image – s.63(8): a moving or still image produced by any means, or data capable of conversion into one.
Excluded images – s.64: images forming part of a BBFC-classified work are excluded, unless extracted solely or principally for sexual arousal.

Defences

General – s.65: the defendant proves a legitimate reason for possession; or that they had not seen the image and did not know, nor had cause to suspect, it was an extreme pornographic image; or that it was sent to them unrequested and not kept for an unreasonable time.
Participation – s.66: the defendant directly took part, no non-consensual harm was inflicted, and (where relevant) the “corpse” was not real or the penetration was in fact consensual. Not available for images involving animals.

Good to know

Proceedings need the consent of the Director of Public Prosecutions (s.63(10)).
The non-consensual penetration limb (s.63(7A)) was added from 13 April 2015.
Indecent images of children are dealt with separately (Protection of Children Act 1978 and Criminal Justice Act 1988, s.160).
Not yet in force: ss.104, 106 and 107 of the Crime and Policing Act 2026 insert new offences into this Act of possessing or publishing pornographic images of strangulation or suffocation (s.67A), of sex between relatives (s.67E), and of sexual activity with a child under 16, including adults pretending to be under 16 (s.67H). As at November 2026 these sections have not been commenced.

Legislation: Criminal Justice and Immigration Act 2008, s.63 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 3 years' imprisonment and/or a fine (on indictment) where the image portrays an act threatening life, serious injury or non-consensual penetration; otherwise 2 years and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summary)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Possession of extreme pornographic images: questions people ask

What are the points to prove for possession of extreme pornographic images?

1. In possession of an image 2. The image was pornographic 3. It portrayed, in an explicit and realistic way, an act which threatens a person's life; an act which results, or is likely to result, in serious injury to a person's anus, breasts or genitals; sexual interference with a human corpse; or a person performing intercourse or oral sex with an animal (dead or alive) 4. Non-consensual penile penetration of a person's vagina, anus or mouth, or non-consensual sexual penetration of a person's vagina or anus with a part of the body or anything else 5. A reasonable person looking at the image would think the people (and any animal) were real 6. The image was grossly offensive, disgusting or otherwise of an obscene character

What is the maximum sentence for possession of extreme pornographic images?

3 years' imprisonment and/or a fine (on indictment) where the image portrays an act threatening life, serious injury or non-consensual penetration; otherwise 2 years and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summary)

Is possession of extreme pornographic images a summary, either-way or indictable offence?

Possession of extreme pornographic images is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is possession of extreme pornographic images?

Possession of extreme pornographic images is an offence under the Criminal Justice and Immigration Act 2008, s.63.

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