Possession and Distribution of Strangulation and “Family” Porn made illegal

Government Clamping Down on Harmful Pornography Categories

New criminal offences introduced on 6 November 2026 make it illegal to possess or publish certain categories of pornographic material in England and Wales. The changes affect depictions of strangulation, sexual activity between relatives and adults portraying children in sexual situations.

What Has Changed Under the Crime and Policing Act 2026?

The Crime and Policing Act 2026 introduces new offences aimed at restricting access to pornographic material depicting certain harmful or unlawful sexual activities.

The changes came into force on 6 November 2026 and apply to material already held by individuals, as well as newly obtained or published content.

The legislation extends criminal liability beyond some of the material previously prohibited under existing extreme pornography and child sexual abuse image laws.

What Types of Pornographic Material Are Now Illegal?

The new offences cover three principal categories of pornographic images.

The first concerns explicit and realistic depictions of strangulation or suffocation during sexual activity. This can include conduct involving the restriction of another person’s breathing.

The second concerns explicit and realistic depictions of penetrative sexual activity between specified family members, including people pretending to have those relationships. Certain step-family and foster-family scenarios are included where someone is portrayed as being under 18.

The third concerns explicit and realistic depictions of sexual activity involving someone who is, or is pretending to be, under 16. This can include adults portraying children, although clothing or appearance alone does not automatically establish an offence.

The precise legal definitions matter. Not every image featuring a particular theme necessarily satisfies the statutory requirements.

Does the Law Apply to Fictional or AI-Generated Content?

Potentially, yes. The legislation considers whether material portrays the relevant activity realistically and whether a reasonable person would believe the people depicted were real.

Consequently, realistic AI-generated imagery may fall within certain offences even where no real individuals participated in producing the content.

The assessment depends on the particular statutory offence and the characteristics of the image.

Is Previously Downloaded Pornography Now Illegal to Keep?

Yes, if the material falls within one of the new prohibited categories. Possession is a continuing act, meaning content obtained before the legislation commenced can become unlawful to retain after 6 November 2026.

This is particularly significant for individuals who may have saved material without previously committing an offence.

Anyone uncertain about whether particular content is covered should seek confidential legal advice. Suspected unlawful material should not be forwarded or shared with others for an informal assessment.

What Are the Penalties for Possession or Publication?

The new offences carry potentially serious criminal penalties. Depending on the specific offence and whether it involves possession or publication, the maximum sentence can reach three years’ imprisonment for possession and five years for publication.

Publication is not limited to commercial websites. The legislation can include giving material to another person or making it available by other means.

The sentence in any individual case depends on the offence proved, the circumstances and the applicable sentencing provisions.

What Happens if Someone Is Investigated Under the New Laws?

Investigations may involve examining digital devices, downloaded files and evidence of online distribution.

However, discovering an image does not automatically establish every element of an offence. Its content, the circumstances of possession and any applicable statutory defences must be considered.

Individuals questioned under caution are entitled to independent legal advice.

Morton’s Solicitors provides confidential criminal defence advice and representation in investigations involving prohibited images, online offences and allegations concerning digital material.

These changes represent a significant development in criminal law. Understanding precisely what is prohibited, and ensuring allegations are assessed against the statutory requirements, is essential to a fair legal process.

How We Can Help.

If you have any questions relating to any possession or supply of pornography charges or any sexual offences  and would like advice then don’t hesitate to call us now on 0161 477 1121 or email us.