The Ministry of Justice has published guidance explaining new pornography-related offences created by the Crime and Policing Act 2026. The provisions are scheduled to take effect on 6 November 2026 and address specified material depicting strangulation or suffocation, sexual activity between people presented as certain relatives, and sexual activity involving someone presented as under 16.
What changes under the Act?
The government says the new offences are intended to address pornography that may normalise harmful or illegal conduct. The Act amends the existing legal framework to criminalise possession and publication of defined categories of pornographic images, subject to the statutory conditions and available defences.
The Ministry of Justice guidance states that the offences commence on 6 November 2026. It applies to England and Wales and explains what people who possess or publish material potentially covered by the new provisions need to do before that date.
Which images are covered?
The guidance identifies three principal categories. The offences apply to material meeting the legal definitions; they are not a blanket prohibition on all pornography. The relevant image must meet the specified criteria, including requirements concerning explicit and realistic depiction and whether the people shown would reasonably be understood to be real.
| Category | What the guidance says |
|---|---|
| Strangulation or suffocation | Pornographic images explicitly and realistically depicting one person strangling or suffocating another. |
| Sex between certain relatives | Images depicting penetrative sexual activity between people a reasonable person would consider related, or pretending to be related, in specified family or step/foster relationships. |
| Sexual activity involving someone portrayed as under 16 | Images depicting sexual activity between at least two people where a reasonable person would think at least one person is, or is pretending to be, under 16, subject to the statutory test. |
The Act’s provisions use detailed statutory tests. Whether a particular image falls within an offence will depend on the wording of the relevant provision and the facts. The guidance should be read alongside the legislation rather than treated as a substitute for it.
What are the penalties?
The maximum penalties differ according to the category of image and whether the alleged offence concerns possession or publication.
| Conduct | Maximum penalty |
|---|---|
| Possession: strangulation or suffocation images | Two years’ imprisonment |
| Possession: images depicting sex between certain relatives | Two years’ imprisonment |
| Possession: images depicting sexual activity involving a person portrayed as under 16 | Three years’ imprisonment |
| Publication of images covered by these offences | Five years’ imprisonment |
For these purposes, publication can include giving an image to another person or making it available by any means. The statutory provisions and the facts of each case will determine whether the elements of an offence are established.
What defences are available?
The guidance describes several defences. Depending on the offence and circumstances, a person may have a defence if they had not previously seen the image and did not know, or have cause to suspect, that it was covered by the offences. A legitimate reason for possessing or publishing the image may also provide a defence.
For possession offences, the guidance also identifies a defence where an image was sent without the recipient asking for it, either directly or through another person, and the recipient did not keep it for an unreasonable length of time. A further defence may apply where the person charged directly participated in the act depicted and the relevant statutory conditions are met.
These are summaries only. The wording and requirements of each defence differ, and anyone facing a potential investigation or prosecution should obtain advice from a qualified legal professional.
What should people do before 6 November?
The Ministry of Justice says possession is a continuing act. Anyone who already possesses an image covered by the new offences should permanently delete it or otherwise dispose of it before 6 November 2026 to avoid committing an offence once the provisions come into force.
Publication can also be a continuing act. Anyone who has uploaded, posted or otherwise made covered material available online or offline should remove it and stop making it available before the commencement date.
- Ministry of Justice publishes its guidance on the new pornography-related offences.
- Scheduled commencement date for the offences described in the guidance.
Anyone uncertain whether material falls within the statutory definitions should consult the official guidance and the relevant sections of the Crime and Policing Act 2026. This article is a news report, not legal advice.
Frequently asked questions
When do the new offences take effect?
The Ministry of Justice guidance gives 6 November 2026 as the commencement date for the offences it describes.
Do the offences apply throughout the UK?
The linked Ministry of Justice guidance says it applies to England and Wales. The Act contains separate provisions and territorial rules, so readers should check the relevant statutory section for the jurisdiction concerned.
Is every pornographic image covered?
No. The offences concern specified categories of images and depend on the detailed statutory criteria, including the way the conduct is depicted and whether the people shown would reasonably be understood to be real.
What is the maximum penalty for publication?
The guidance states that the maximum penalty for publication for the offences it describes is five years’ imprisonment.
What should someone do if they already possess potentially covered material?
The guidance says covered material should be permanently deleted or otherwise disposed of before 6 November 2026. If the position is uncertain, obtain independent legal advice.