Jersey Law
52/1997
PROTECTION OF
CHILDREN (AMENDMENT) (JERSEY) LAW 1997
____________
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
____________
(Registered on the
19th day of December 1997)
____________
STATES OF JERSEY
____________
The 9th day of September 1997
____________
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 1994 (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.