(b) if the offence is committed after that time, 51 weeks.
66H Creating, or requesting the creation of, purported intimate image of adult: time limit for prosecution
(1) Notwithstanding section 127(1) of the Magistrates’ Courts Act 1980, a magistrates’ court may try an information or written charge relating to an offence under section 66E or 66F if the information is laid or the charge is issued—
(a) before the end of the period of 3 years beginning with the day on which the offence was committed, and
(b) before the end of the period of 6 months beginning with the day on which evidence which the prosecutor thinks is sufficient to justify a prosecution comes to the prosecutor’s knowledge.
(2) A certificate signed by or on behalf of a prosecutor stating the date on which evidence described in subsection (1)(b) came to the prosecutor’s knowledge is conclusive evidence of that fact. ”
(3) In section 79(5) (meaning of references to image of a person), after “a person” insert “(except in sections 66E, 66F and 66G)” .
(4) In the Armed Forces Act 2006, after section 177D insert—
“ 177DA Purported intimate images to be treated as used for purpose of certain offences
(1) This section applies where a person commits an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under section 66E of the Sexual Offences Act 2003 (creating purported intimate image of adult).
(2) The purported intimate image to which the offence relates, and anything containing it, is to be regarded for the purposes of section 177C(3) (and section 94A(3)(b)(ii)) as used for the purposes of committing the offence (including where it is committed by aiding, abetting, counselling or procuring). ”
(5) In Part 2 of Schedule 3 to the Serious Crime Act 2007 (offences to be disregarded in reckoning whether an act is capable of encouraging or assisting the commission of an offence: England and Wales), after paragraph 38 insert—
Sexual Offences Act 2003
38ZA An offence under section 66F of the Sexual Offences Act 2003 (requesting the creation of purported intimate image of adult). ”
(6) In the Sentencing Code, after section 154 insert—
“ 154A Purported intimate images to be treated as used for purpose of certain offences
(1) Subsection (2) applies where a person commits an offence under section 66E of the Sexual Offences Act 2003 (creating purported intimate image of adult).
(2) The purported intimate image to which the offence relates, and anything containing it, is to be regarded for the purposes of section 153 (and section 157(3)(b)) as used for the purposes of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).
(3) Subsection (4) applies where a person commits an offence under section 66F of the Sexual Offences Act 2003 (requesting the creation of purported intimate image of adult).
(4) A purported intimate image which is connected with the offence, and anything containing it, is to be regarded for the purposes of section 153 (and section 157(3)(b)) as used for the purposes of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).
(5) A purported intimate image is connected with an offence under section 66F of the Sexual Offences Act 2003 if —
(a) it appears to be of a person who was the subject of the request to which the offence relates (whether or not it is what was requested), and
(b) it was in the offender’s possession, or under the offender’s control, as a result of that request. ”
I251 S. 138 not in force at Royal Assent, see s. 142(1)
I252 S. 138 in force at 6.2.2026 by S.I. 2026/31 , reg. 2