Prosecutions relating to indecent images and videos of children (FOI)

Request

A

How many annual prosecutions have there been in relation to the downloading or distribution of indecent images and videos of children in Jersey over the past 10 years?

B

Are these cases statistically on the rise and are there currently any prosecutions pending?

C

What is the Court's current maximum sentencing power for this crime?

Response

A

The table below shows the number of reported prosecutions for offence’s contrary to The Protection of Children (Jersey) Law 1994. The full figures are published in the States of Jersey Police annual reports available via the following link.

States of Jersey Police Annual Reports

B

Incidents of sending sexual images between children (sexting) is an ongoing concern, however, prosecutions do not follow in most cases. To date this year, the States of Jersey Police have recorded 10 instances of peer to peer sexting for under 18’s (17 images in total). These cases are considered complete without any prosecution.

While sexting is a criminal offence, it is not in the public interest to criminalise children where it takes place as part of a consensual relationship, but where coercion or threats are involved the police will act.

The States of Jersey Police will neither confirm nor deny the existence of ongoing cases.

C

Maximum sentence

Article 2 of The Protection of Children (Jersey) Law 1994 indicates the following offences and the corresponding maximum punishment:

Article 2 -  Indecent photographs or pseudo-photographs of children

(1) A person who –

(a) takes, or permits to be taken, or makes, any indecent photograph or pseudo-photograph of a child;

(b) has in his or her possession such indecent photographs or pseudo-photographs;

(c) distributes, or shows such indecent photographs or pseudo-photographs;

(d) has in his or her possession such indecent photographs or pseudo-photographs, with a view to their being distributed or shown by himself, herself or others; or

(e) publishes or causes to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such indecent photographs or pseudo-photographs, or intends to do so,

is guilty of an offence.

(2) A person guilty of an offence under paragraph (1)(a), (c), (d) or (e) shall be liable to imprisonment for a term of 10 years and to a fine.

(3) A person guilty of an offence under paragraph (1)(b) shall be liable to imprisonment for a term of five years and to a fine.