ABSTRACT
This chapter explores the current state of laws with respect to Internet child pornography in England and Wales. The chapter examines the legal issues surrounding the sentencing debate. The main piece of legislation that deals with child pornography offences in England and Wales is the Protection of Children Act 1978. The statutory provisions within the Protection of Children Act 1978 and the Criminal Justice Act 1988 refer to offences related to indecent photographs and indecent pseudo-photographs of children. Pseudo-photographs are technically photographs, but they are created by a variety of ways including by computers by the use of photo or image software. The children involved in child pornography may suffer physical and mental injuries, but with pseudo-photographs and computer generated images the situation is rather different. The Court of Appeal's judgment in Porter introduces a subjective element into the concept of physical possession in the context of computer images.
