Protection of Children (Amendment) (Jersey) Law 1997

Jersey Law 52/1997

 

PROTECTION OF CHILDREN (AMENDMENT) (JERSEY) LAW 1997

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A LAW     to amend the Protection of Children (Jersey) Law 1994, sanctioned by Order of Her Majesty in Council of the

 

26th day of NOVEMBER 1997

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(Registered on the 19th day of December 1997)

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STATES OF JERSEY

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The 9th day of September 1997

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

ARTICLE 1

In the long title to the Protection of Children (Jersey) Law 19941 (hereinafter referred to as “the principal Law”) –

(a)     after the word “taking” there shall be inserted the words “or making”; and

(b)     after the word “photographs” in both places where they occur there shall be inserted the words “or pseudo-photographs”.

ARTICLE 2

In Article 1 of the principal Law –

(a)     in paragraph (1) –

(i)      for the definition of “child” there shall be substituted the following definition –

“ ‘child’, subject to paragraph (4A), means a person under the age of sixteen years;”;

(ii)     for the full stop at the end of the definition of “film” there shall be substituted a semi-colon; and

(iii)    after the definition of “film” there shall be inserted the following definition –

“ ‘pseudo-photograph’ means an image, whether made by computer graphics or otherwise howsoever, which appears to be a photograph.”;

(b)     at the end of paragraph (3), there shall be inserted the words “and so as respects pseudo-photographs”;

(c)     after paragraph (4) there shall be inserted the following paragraphs –

“(4A)   If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Law as showing a child and so shall a 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.

(4B)     References to an indecent pseudo-photograph include a copy of an indecent pseudo-photograph.”;

(d)     in paragraph (5) after the word “photograph” there shall be inserted the words “or pseudo-photograph”.

ARTICLE 3

In Article 2 of the principal Law –

(a)     in the heading after the word “photographs” there shall be inserted the words “or pseudo-photographs”;

(b)     in paragraph (1) –

(i)      in sub-paragraph (a) for the words “any indecent photograph” there shall be substituted the words “or makes, any indecent photograph or pseudo-photograph”;

(ii)     in sub-paragraphs (b), (c), (d) and (e) after the word “photographs” there shall be inserted the words “or pseudo-photographs”;

(c)     in sub-paragraph (b) of paragraph (3) after the word “photograph” there shall be inserted the words “or pseudo-photograph”; and

(d)     in sub-paragraphs (a) and (b) of paragraph (4) after the word “photographs” there shall be inserted the words “or pseudo-photographs”.

ARTICLE 4

In paragraph (3) of Article 3 of the principal Law after the word “Law” there shall be inserted the words “relating to indecent photographs or pseudo-photographs of children”.

ARTICLE 5

In paragraph (1) of Article 5 of the principal Law –

(a)     after the word “photographs” in both places where they occur there shall be inserted the words “or pseudo-photographs”;

(b)     in sub-paragraph (a) after the word “taken” there shall be inserted the words “or made”; and

(c)     for the words “taken or shown” there shall be substituted the words “taken, made or shown”.

ARTICLE 6

In Article 6 of the principal Law –

(a)     in paragraph (2) –

(i)      after the word “photographs” there shall be inserted the words “or pseudo-photographs”; and

(ii)     after the word “taken” there shall be inserted the words “or made”; and

(b)     in paragraph (8) after the word “photographs” in both places where they occur there shall be inserted the words “or pseudo-photographs”.

ARTICLE 7

This Law may be cited as the Protection of Children (Amendment) (Jersey) Law 1997.

 

C.M. NEWCOMBE

 

Deputy Greffier of the States.



1        Volume 1994–1995, page 75.


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