The Crime and Policing Act 2026 introduced new offences relating to the possession and publication of certain pornographic images, which came into force on 6th November 2026.
What kinds of pornography are now banned?
The act makes it an offence to possess or publish certain pornographic images depicting:
- Strangulation or suffocation – showing one person strangling or suffocating another.
- Sexual activity between relatives – penetrative sexual activity between individuals who appear to be related, or pretending to be related, in specified family relationships.
- Sexual activity involving under 16s – sexual activity involving someone who appears to be, or is pretending to be, under the age of 16.
Is it an offence to watch some pornography now?
Yes if you are downloading pornography in order to view images of videos which show someone strangling or suffocating another person that would be an offence even if you delete the material later.
The same applies to images or videos which suggest the parties are family members including parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew and niece. It also includes certain step and foster relationships.
What if I am viewing porn where someone is over 18 but is pretending to be under 16?
It is now an offence to possess images of videos where one of the people is pretending to be, under the age of 18.
This is separate to an offence of possession of an indecent image of a child which involves a real child.
What sentence could I get if I am found guilty of one of the new pornography?
- Possession of images depicting strangulation, suffocation or sexual activity between specified relatives can result in up to two years’ imprisonment.
- Possession of images involving individuals appearing to be under 16 can result in up to three years’ imprisonment.
- Publishing any of the images covered by these offences can result in up to five years’ imprisonment.
Are there any defences available for the new pornography offences?
Yes, there are defences available including if you were sent the image without requesting it but it is important that you contact Johnson Astills to get legal advice as soon as possible so we can advise you about this.
What should you do if you are investigated or charged with one of the new pornography offences?
These new offences highlight how seriously the law treats not just the publication but the possession of certain explicit material.
If you are under investigation, it is important to seek specialist legal advice from Johnson Astills as early as possible.
How can we help?
Johnson Astills are experts in criminal law, and are able to assist 24 hours of the day at the police station. Our specialist advocates in the Criminal Defence Team are highly experienced in dealing with offences at both the Magistrates’ and Crown Court. Representation at the police station is free, and legal aid may be available for your case at the Magistrates’ and Crown Court. For offences which do not qualify for legal aid, we offer fixed fees for appointments and representation.
To discuss any offences please contact our Criminal Defence Team at Johnson Astills at our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312, or fill in our free online enquiry form and one of our friendly team will be in touch.
