Section 15: Indecent photographs of children

15. Indecent photographs of children (1) Any person who— (a) takes or permits to be taken or to make, any indecent photograph or pseudo-photograph of a child; (b) distributes or shows such indecent photograph or pseudophotograph; (c) has in his possession such indecent photograph or pseudophotograph, with a view to it being distributed or shown by himself or any other person; or (d) publishes or causes to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such indecent photograph or pseudo-photograph, or intends to do so, shall commit an offence. (2) Where a person is charged with an offence under subsection (1) (b) or (c), it shall be a defence for him to prove that— (a) he had reasonable grounds for distributing or showing the photograph or pseudo-photograph or having them in his possession; and (b) that he had not himself seen the photograph or pseudophotograph and did not know, nor had any cause to suspect, it to be indecent. (3) Where— (a) the impression conveyed by the pseudo-photograph is that the person shown is a child; or (b) 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, the pseudo-photograph shall be treated for all purposes of this Act as showing a child. [S. 15 inserted by s. 22 (1) (b) of Act 22 of 2003 w.e.f. 9 August 2003.]