From 6 November 2026, it will be a criminal offence in England and Wales to possess or publish certain pornographic images. They cover strangulation or suffocation, sex between people who appear to be close relatives, and sexual activity involving someone who is, or appears to be, under 16. The Crime and Policing Act 2026 creates the offences, and Ministry of Justice guidance published on 16 October confirms the start date.
If you have ever saved, received or shared this kind of material, this could affect you. Our crime team explains what the laws cover, the penalties and defences, and what to do if the police contact you. For advice on an allegation, speak to our sexual offences solicitors.
What do the new pornography laws cover?
From 6 November, it is an offence to possess or publish a pornographic image that explicitly and realistically shows:
- strangulation or suffocation
- penetrative sexual activity between people who a reasonable person would think are related, or pretending to be related, in certain ways
- sexual activity where a reasonable person would think at least one person is, or is pretending to be, under 16
What does the incest pornography offence cover?
The Act covers incest pornography, including images depicting sexual activity between close family members, such as a father and daughter or a brother and sister. It also applies to certain step-family and foster-family relationships, including scenarios in which an individual is portrayed as being under the age of 18.
How does the law decide whether an image is covered?
An image will only be covered by the legislation if it is pornographic, meaning it was created principally for the purpose of sexual arousal, and is both explicit and realistic. The test is whether a reasonable person would believe that the individuals depicted are real. In relation to offences involving family members or those under the age of 16, the court may also consider any accompanying audio, text or other information associated with the image when determining whether an offence has been committed.
The Home Office has confirmed that the offence relating to strangulation includes realistic AI-generated images. Our article on AI and image-based offending looks at the wider issues. Images of anyone under 18 fall under the separate laws on indecent images of children.
Is there a porn ban in the UK?
No. The new laws are not a ban on all pornography. They apply in England and Wales and cover three types of image. They sit alongside the existing offence of possessing extreme pornography, in force since 26th January 2009 under section 63 of the Criminal Justice and Immigration Act 2008.
What are the penalties for these offences?
Maximum sentences depend on the type of image and on whether someone possesses or publishes it.
| Type of image | Possession | Publication |
| Strangulation or suffocation | Up to 2 years | Up to 5 years |
| Sex between relatives, real or pretend | Up to 2 years | Up to 5 years |
| Sexual activity involving someone who is, or is pretending to be, under 16 |
Up to 3 years | Up to 5 years |
These are the maximum sentences in the Crown Court. A magistrates’ court can impose less. A prosecution also needs the consent of the Director of Public Prosecutions.
What counts as possessing or publishing an image?
The Act does not define the term ‘possess’, so its ordinary meaning applies. Whether a person possesses an image will be a question of fact for the court in each case. The Ministry of Justice says it generally means having custody or control of an image, for example on a device, in a personal account or cloud, or in saved files. Publishing includes giving or making an image available to someone else by any means, such as uploading, posting or sending it. Forwarding an image in a group chat could therefore count.
What should you do with material you already have?
Possession of a prohibited image is a continuing offence. If you still possess such an image when the legislation comes into force on 6th November 2026, you may be committing a criminal offence.
Anyone who holds, uploads, posts or shares a prohibited image should take steps to permanently delete it and remove it from any platform or location where it remains accessible before 6th November 2026.
If the police have already contacted you, or you believe that an investigation may be underway, you should seek legal advice before deleting any material. In some circumstances, the removal or deletion of material after you become aware of an investigation may be treated as interference with evidence. It is also important to note that deleting material does not undo any offence that may already have been committed.
What defences are there?
The Act gives defences to the possession and publication offences. They depend on the facts. In summary, a defence may apply if:
- you had a legitimate reason for having or publishing the image
- you had not seen the image and had no reason to know or suspect it was covered
- you were sent the image without asking for it and did not keep it for an unreasonable time (possession only)
- you participated in the act shown and certain conditions are met
Defences may not be applicable in all circumstances. A solicitor will advise you on whether any defences are available.
What should you do if the police contact you?
Being contacted by the police about something so private can feel frightening. Early legal advice can help you understand the process, protect your rights, and ensure that you are properly advised throughout the investigation.
If you are under investigation for an image-based offence, the police may:
- seize and examine your mobile phone, tablet, computer or other digital devices
- request access to online account and electronic records
- invite you to attend a voluntary interview or arrest you for questioning under caution
- impose bail conditions or other restrictions, including limits on internet use or contact within certain people
What to do
- Ask for legal advice before you answer questions. You have the right to legal advice before and during a police interview, whether you are arrested or invited in voluntarily.
- Do not delete anything. It can be treated as interfering with evidence.
- Keep any letters or messages from the police.
- Call a solicitor as soon as you can. We can speak to the police for you, attend the police station with you, and advise whether to answer questions in interview or use your right to silence.
Our Crime and Regulation Team can assist with police station representation who are available 24 hours a day. We understand the sensitive nature of these allegations and handle every case with professionalism, confidentiality, care and discretion.
Speak to our crime team in confidence
If you are under investigation for image based offences, it is important that you seek legal advice as soon as possible. Our team of criminal defence solicitors can help you navigate the criminal justice system and ensure that you receive the legal support you need. Clear advice, early support, and a proper understanding of the legal issues can help you move forward with confidence.
Get In Touch
Rachel Fletcher is Managing Partner and Head of our Crime and Regulatory team. She is experienced in police station representation and in defending clients in a wide range of cases, including sexual offences, assault and road traffic offences, at the magistrates’ court and the Crown Court.
If the police have contacted you, or you are worried about material you hold, speak to us as soon as you can. Call 0330 111 3131 or use our online enquiry form to arrange a confidential consultation at our Manchester, Sale or Chester office, or remotely. We are available for police station call-outs around the clock.
This article is for information only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0330 111 3131.