In the UK, indecent images of children are divided into three categories by severity: Category A (most serious), B, and C. Category C images are the lowest in seriousness, but they are still illegal and can carry serious consequences if found in possession, made, or distributed.
What Are Category C Images?
Category C covers indecent images that do not fall into Category A or B. These usually involve erotic posing or sexualised images of children, without direct sexual activity or abuse.
What Does “Making” an Image Mean?
In legal terms, “making” an indecent image means taking a deliberate and intentional action that results in the creation of an image file. This often means downloading, saving, or opening an image online. The prosecution must prove that the defendant knew, or ought to have known, that their actions were likely to result in the creation of an indecent image.
According to the Sentencing Council, simple downloading should be treated as possession for sentencing purposes.
What is the Sentencing Range for Category C Images?
Possession or Making of Category C Images
- Starting point: High-level community order
- Sentencing range: Medium-level community order to 26 weeks’ custody
Distribution of Category C Images
- Starting point: 13 weeks’ custody
- Sentencing range: High-level community order to 26 weeks’ custody
These guidelines apply to first-time offenders with no aggravating features. The sentence may be higher if there are aggravating circumstances such as large quantities of images or deliberate concealment.
Will I Go to Prison?
Prison is not automatic. Many individuals receive a community or suspended sentence, especially where there is strong personal mitigation or a genuine prospect of rehabilitation. Our team regularly helps clients avoid custody through early legal intervention and preparation of mitigation materials.
Can I Avoid a Criminal Conviction?
It is possible, in limited cases, for individuals accused of making or possessing Category C images to be offered a conditional caution. This is more likely for first-time offenders where the offending is limited and the person engages with legal representation and therapeutic support. We regularly assist clients in making proactive representations to the police and CPS in such cases.
Trusted Legal Advice
McMillans Solicitors has extensive experience defending clients facing allegations of Category C image offences. We only recommend a small number of trusted, StopSO-approved therapists who we’ve worked with for years and who have received the most positive feedback from our clients.
Contact us today for discreet, specialist advice.
Related Pages
FAQs
Are Category C images still illegal?
Yes. Even though they are the least serious category, possession, making or distribution of Category C images is a criminal offence.
Will I be sent to prison?
Not necessarily. Sentencing ranges from a community order to 26 weeks’ custody. With strong mitigation and early advice, many people avoid prison.
What does “making” mean?
Making means downloading, saving, or opening images deliberately and with the knowledge of what they are. Accidental or unintentional actions are not enough to prove guilt.
Can I get a caution for Category C images?
Yes — in exceptional cases. With legal help, some first-time offenders may receive a conditional caution rather than a criminal charge.