According to the NSPCC’s February 2025 analysis of newly released Home Office data, police in England and Wales recorded more than 120,000 child sexual abuse image offences between 2020 and 2023. The number of recorded offences rose from 25,281 in 2020/21 to 38,685 in 2023/24 – an increase of over 50% in just three years. These figures cover offences involving the possession, taking, making, or distribution of indecent images of children.
Many of those investigated in connection with such material have never encountered the criminal justice system before, and the process can be both unfamiliar and frightening. One of the key things to understand if you are being investigated for indecent images is how such images are categorised.
Before explaining the classification of indecent images of children, it helps to understand what an indecent image actually is under UK law.
How is an indecent image defined?
There is no fixed legal definition of an ‘indecent image’. What is or is not indecent is for a jury to decide using an objective test. Examples include:
- Children engaging in sexual activity either with another child or an adult.
- Naked or partially naked children.
- Children posing sexually.
- Selfies of children acting or posing in a sexual way.
Under the Protection of Children Act 1978 (as amended) it is prohibited to take, make, circulate, or possess with a view to distribute any indecent photograph or pseudo-photograph of a child. A child is defined as a person under 18 years. In addition, section 160 of the Criminal Justice Act 1988 makes possession of indecent photographs or pseudo-photographs of children a criminal offence.
The term “make” has been interpreted broadly by the courts and includes:
– Opening an indecent image attachment sent by email.
– Downloading an image from a website onto a computer or phone.
– Saving or automatically caching an image on a device – although depending on where that image is stored, this could also fall under possession under section 160 of the Criminal Justice Act 1988.
When it comes to sharing indecent images, you may be convicted if the prosecution can prove beyond reasonable doubt that you sent or uploaded the image, for example via email, messaging app, or file-sharing platform. This is known as distribution and is treated more seriously because it involves dissemination of the material.
How are indecent images categorised?
Under the Sentencing Council’s guidelines for sexual offences, which include indecent images of children, offences are grouped into three categories:
Category A – Images involving penetrative sexual activity, sexual activity with an animal, or sadism
Category B – Images involving non-penetrative sexual activity
Category C – Indecent images not falling within Categories A or B
The classification relates solely to the content of the image, not the charge itself. A person may face offences of making, possessing, or distributing indecent images, but the category only describes what is depicted.
The definition also extends beyond photographs. It includes pseudo-photographs – computer-generated or digitally created images that appear realistic – as well as AI-produced material. These are treated in law as if they were photographs of real children under the Protection of Children Act 1978.
Moving images, such as videos or clips, are treated more seriously than still photographs. This is because of their realism and the possibility of depicting sustained abuse or distress.
The Child Abuse Image Database (CAID) is used by law enforcement to classify material. This national system compares seized files against images that have already been graded by at least three police forces and stored within the database. It combines this verified reference data with artificial-intelligence tools to assist trained officers in assessing and grading new material.
Defence teams can instruct independent experts to review and challenge the categorisation of images. In some cases, this can significantly affect the eventual sentence imposed by the court.
The three categories are described in more detail below.
What does Category A indecent images mean?
Category A indecent images are the most severe. They include images showing a child or children being subjected to gross assault, sadism, or bestiality, and being sexually penetrated. Any image that depicts a child being subjected to pain or humiliation also falls into Category A.
What does Category B indecent images mean?
Category B indecent images are moderately severe. They include images showing a child or children being subjected to non-penetrative sexual activity. This category covers two levels within the Sentencing Guidelines Council framework, which distinguish whether the activity involves adults or only children.
Level 2 – Non-penetrative sexual activity either between children, or solo masturbation by a child.
Level 3 – Non-penetrative sexual activity between adults and children.
What is a Category C indecent image of a child?
Category C offences are the least severe. Images of children in erotic or sexually suggestive poses fall into this category.
In practice, images found on a defendant’s devices often span multiple categories.
Sentencing
Each of these categories provides a starting point for the court when it comes to sentencing. For example, the starting point for producing a Category B image is two years’ custody, with a range of between one and four years.
Many cases involve images from more than one category. In those situations, the court identifies the highest category present – known as the lead offence – and treats any lower-level material as an aggravating feature. Sentences for the various counts are usually served concurrently rather than consecutively.
There are several aggravating factors which can lead to the court imposing a sentence at the higher end of the range, including:
Previous convictions
The offence was committed whilst on bail
The age and/or vulnerability of the child depicted (given significant weight)
A large number of images produced, possessed, or distributed
Moving images
Abuse of trust
The child was intoxicated and/or drugged
The above list is not exhaustive, and the court has a wide discretion when considering aggravating factors.
Examples of mitigating factors that can reduce the sentence include:
No previous convictions or no relevant/recent convictions
Remorse
Previous good character and/or exemplary conduct
Age and/or lack of maturity
Mental disorder or learning disability, particularly where linked to the offence
Demonstration of steps taken to address offending behaviour
Physical disability or serious medical condition requiring ongoing treatment
A guilty plea leads to a reduced sentence. However, the court must also consider whether the defendant should be found ‘dangerous’ under the Sentencing Code. If the court makes that finding and imposes an extended sentence, two-thirds of the custodial term must be served before release, followed by an extended licence period under probation supervision.
If you are being investigated and have had your devices seized on suspicion of making, producing, distributing, possessing with intent to distribute, or simple possession of indecent images, it is vital to seek expert legal advice at the earliest opportunity.
These investigations can result in a custodial sentence and often have devastating consequences for both personal and professional life. Our specialist team can assess whether proactive intervention may prevent prosecution – for example, by submitting written representations challenging the strength of the evidence or advocating for an out-of-court disposal. Where a prosecution is unavoidable, early and strategic preparation can make a significant difference to the outcome.
Reeds Solicitors is an award-winning, top-tier criminal defence firm. Speak to our experienced indecent images solicitors today. We can advise and represent you at every stage – from police investigation to court proceedings. Call 0333 240 7373, email [email protected], or contact us here.