In the Sexual Offences Act 2003, after section 66D, insert—

“66E Taking, or soliciting the taking of, a non-consensual sexually
explicit photograph or film

(1)

A person (A) commits an offence if—

(a)

A intentionally takes, or solicits the taking of, a sexually
explicit photograph or film of another person (B),

(b)

B does not consent to the taking, or solicitation of the
taking, of the photograph or film, and

(c)

A does not reasonably believe that B consents.

(2)

It is a defence for a person charged with an offence under
subsection (1) to prove that the person had a reasonable excuse
for taking, or soliciting the taking of, the photograph or film.

(3)

The exemptions in section 66C(1) to (5) apply to an offence under
this section.

(4)

A person who commits an offence under subsection (1) is liable
on summary conviction to imprisonment for a term not exceeding
the maximum term for summary offences or a fine (or both).

(5)

Where A is convicted of an offence under this section, the court
may require A to delete any copies of a photograph or film they
have taken under this section, including physical copies and
those held on any device, cloud-based programme, or digital or
messaging platform they control.

(6)

In this section, “taking” in relation to a photograph or film,
means—

(a)

filming, recording, taking or otherwise capturing the
photograph or video, or

(b)

digitally creating the photograph or video.”

In the Sexual Offences Act 2003, after section 66E (inserted by section 1 ),
insert—

“66F Creating or soliciting a non-consensual digitally produced
sexually explicit photograph or film

(1)

A person (A) commits an offence if—

(a)

A creates, or solicits the creation of, a digitally produced
sexually explicit photograph or film of another person
(B),

(b)

B does not consent to the creation or soliciting of the
photograph or film, and

(c)

A does not reasonably believe that B consents.

(2)

It is a defence for a person charged with an offence under
subsection (1) to prove that the person had a reasonable excuse
for creating, or soliciting the creating of, the photograph or film.

(3)

A person who commits an offence under subsection (1) is liable
on summary conviction to imprisonment for a term not exceeding
the maximum term for summary offences or a fine (or both).

(4)

Where A is convicted of an offence under this section, the court
may require A to delete any copies of a photograph or film they
have taken under this section, including physical copies and
those held on any device, cloud-based programme, or digital or
messaging platform they control.

66G Interpretation of sections 66E and 66F

In sections 66E and 66F, “sexually explicit photograph or film”
means a photograph or film, as defined in section 66A(3) to (5),
which appears to be a photograph or film of anyone in an
“intimate state” as defined in section 66D(5), (6) or (7) (as
amended by section 3 of the Non-Consensual Sexually Explicit
Images and Videos (Offences) Act 2024).”