(e) the image does not depict an act that is a criminal offence punishable by imprisonment. Example The image depicts the minor (A) taking part in an act of sexual penetration with another minor who is not more than 2 years younger. Both are consenting to the act. The offences in sections 68, 69 and 70 do not apply to A in respect of the image. (3) Sections 68, 69 and 70 do not apply to a minor (A) if— (a) the child pornography is an image; and (b) the image depicts A alone or with another person; and (c) the image depicts an act that is a criminal offence; and (d) A is a victim of that offence. Example The image depicts the minor (A) being raped by another person. The offences in sections 68, 69 and 70 do not apply to A in respect of the image. (4) Sections 68, 69 and 70 do not apply to a minor (A) if— (a) the child pornography is an image; and (b) the image does not depict A; and (c) the image— (i) does not depict an act that is a criminal offence punishable by imprisonment; or (ii) depicts an act that is a criminal offence punishable by imprisonment but A believes on reasonable grounds that it does not; and
(e) the image does not depict an act that is a criminal offence punishable by imprisonment. Example The image depicts the minor (A) taking part in an act of sexual penetration with another minor who is not more than 2 years younger. Both are consenting to the act. The offences in sections 68, 69 and 70 do not apply to A in respect of the image. (3) Sections 68, 69 and 70 do not apply to a minor (A) if— (a) the child pornography is an image; and (b) the image depicts A alone or with another person; and (c) the image depicts an act that is a criminal offence; and (d) A is a victim of that offence. Example The image depicts the minor (A) being raped by another person. The offences in sections 68, 69 and 70 do not apply to A in respect of the image. (4) Sections 68, 69 and 70 do not apply to a minor (A) if— (a) the child pornography is an image; and (b) the image does not depict A; and (c) the image— (i) does not depict an act that is a criminal offence punishable by imprisonment; or (ii) depicts an act that is a criminal offence punishable by imprisonment but A believes on reasonable grounds that it does not; and
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