(3) Despite subsection (2)(b), the defence of artistic S. 70(3) merit cannot be relied on in a case where the amended by No. 20/2004 prosecution proves that the minor was actually s. 6(2). under the age of 18 years. (4) Nothing in this section makes it an offence for— S. 70(4) substituted by No. 69/2001 (a) any member or officer of a law enforcement s. 20(2). agency; or (b) a person authorised in writing by the Chief Commissioner of Police assisting such a member or officer; or (c) a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police assisting such a member or officer— to have child pornography in his or her possession in the exercise or performance of a power, function or duty conferred or imposed on the member or officer by or under this or any other Act or at common law. (5) Nothing in this section makes it an offence for any S. 70(5) inserted by of the following to have child pornography in his No. 77/2013 or her possession— s. 16. (a) any of the following persons— (i) the Director of Public Prosecutions; (ii) the Chief Crown Prosecutor, a Senior Crown Prosecutor, a Crown Prosecutor or an Associate Crown Prosecutor appointed under the Public Prosecutions Act 1994;
S. 70(3) amended by No. 20/2004 s. 6(2). (3) Despite subsection (2)(b), the defence of artistic merit cannot be relied on in a case where the prosecution proves that the minor was actually under the age of 18 years. S. 70(4) substituted by No. 69/2001 s. 20(2). (4) Nothing in this section makes it an offence for— (a) any member or officer of a law enforcement agency; or (b) a person authorised in writing by the Chief Commissioner of Police assisting such a member or officer; or (c) a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police assisting such a member or officer— to have child pornography in his or her possession in the exercise or performance of a power, function or duty conferred or imposed on the member or officer by or under this or any other Act or at common law. S. 70(5) inserted by No. 77/2013 s. 16. (5) Nothing in this section makes it an offence for any of the following to have child pornography in his or her possession— (a) any of the following persons— (i) the Director of Public Prosecutions; (ii) the Chief Crown Prosecutor, a Senior Crown Prosecutor, a Crown Prosecutor or an Associate Crown Prosecutor appointed under the Public Prosecutions Act 1994;
58-6231a249B.docx