Important changes to the law governing pornography in England and Wales will come into force on 6 November 2026.

The Crime and Policing Act 2026 introduces new criminal offences concerning the possession and publication of certain pornographic images, including material depicting strangulation or suffocation, sexual activity between specified relatives, and adults pretending to be children under the age of 16.

Significantly, material which was previously legal to possess or distribute could become illegal from 6 November 2026, even where the images involve consenting adults.

At McMillans Solicitors, we specialise in defending individuals investigated or prosecuted for offences involving indecent images, extreme pornography and other serious sexual offences. We explain below what the changes mean, the potential penalties and the legal defences that may be available.

What Are the New Pornography Laws in November 2026?

Sections 104, 106 and 107 of the Crime and Policing Act 2026 amend the Criminal Justice and Immigration Act 2008 by introducing three new categories of offences relating to pornographic images.

The new offences concern images which explicitly and realistically depict:

• Strangulation or suffocation.
• Penetrative sexual activity between certain relatives, including some simulated family relationships.
• Sexual activity involving people who are, or are pretending to be, under 16.

The offences include the possession and publication of qualifying material. Importantly, they can apply to realistic depictions involving consenting adult performers.

1. Pornographic Images Depicting Strangulation or Suffocation

Section 104 of the Crime and Policing Act 2026 introduces a new section 67A into the Criminal Justice and Immigration Act 2008.

This makes it an offence to possess or publish a pornographic image which explicitly and realistically portrays one person strangling or suffocating another, where a reasonable person would believe that the individuals depicted were real.

The legislation may therefore affect certain adult pornographic videos involving choking, pressure applied to the neck or conduct restricting another person’s ability to breathe.

Importantly, consensual participation does not automatically prevent an image from falling within the legislation. However, specific statutory defences may be available, including in certain circumstances where the person possessing or publishing the image participated in the activity depicted.

Maximum penalties:

• Possession: 2 years’ imprisonment.
• Publication: 5 years’ imprisonment.

2. Pornographic Images Depicting Sexual Activity Between Relatives

Section 106 introduces section 67E into the Criminal Justice and Immigration Act 2008.

The new offence concerns pornographic images explicitly and realistically depicting specified forms of penetrative sexual activity between individuals who appear to be related, or pretending to be related, in particular ways.

The provision includes certain close family relationships, such as parents and children or brothers and sisters. It also covers specified step-family and foster-family relationships where additional statutory conditions are satisfied.

Of particular importance is the fact that the individuals involved do not necessarily have to be related in real life.

For example, adult performers portraying family members could potentially fall within the offence, depending on the nature of the depiction and its accompanying information.

The legislation permits consideration of associated sound and information when determining whether the statutory requirements concerning the apparent relationship have been satisfied.

Maximum penalties:

• Possession: 2 years’ imprisonment.
• Publication: 5 years’ imprisonment.

3. Pornographic Images Involving Adults Pretending to Be Children

Section 107 introduces section 67H into the Criminal Justice and Immigration Act 2008.

This provision creates offences relating to pornographic images explicitly and realistically depicting sexual activity between at least two people, where a reasonable person would believe that at least one participant was, or was pretending to be, under 16.

The offence can potentially apply even where all the performers are adults over the age of 18.

For example, pornography involving adult performers deliberately portraying children under 16 could potentially fall within the legislation.

However, the Act includes an important qualification: an individual is not treated as pretending to be under 16 where it would be fanciful to regard them as actually being under that age in the way portrayed.

Whether a particular video or image falls within the offence will depend on the precise statutory requirements and the evidence.

Maximum penalties:

• Possession: 3 years’ imprisonment.
• Publication: 5 years’ imprisonment.

Can You Be Prosecuted for Pornography Downloaded Before 6 November 2026?

Yes, potentially. This is one of the most important implications of the new legislation.

Although the new offences do not retrospectively criminalise conduct completed before commencement, possession is a continuing act.

Consequently, an individual who lawfully downloaded certain pornography several years ago could commit an offence by continuing to possess material covered by the new legislation after 6 November 2026.

Relevant material might be stored on:

• Personal computers or laptops.
• Mobile phones and tablets.
• External hard drives.
• Cloud storage accounts.
• Other digital storage systems.

The Ministry of Justice has advised that individuals possessing material covered by the new offences should permanently delete it or otherwise dispose of it before commencement.

Important: Anyone already subject to a police investigation, court proceedings or a legal obligation to preserve evidence should seek specialist legal advice before deleting potentially relevant material.

What About Adult Websites and Pornography Businesses?

The new legislation could have significant consequences for businesses involved in producing, hosting, publishing or distributing adult content.

Publication includes giving or making an image available to another person by any means.

This could include:

• Uploading prohibited images or videos to a website.
• Continuing to make existing videos available to subscribers.
• Distributing material electronically.
• Sharing relevant images with other individuals.

Importantly, publication may be a continuing act.

Therefore, material uploaded before 6 November 2026 could potentially give rise to criminal liability if it remains available after commencement.

Businesses concerned about the new legislation should consider obtaining advice on the statutory definitions, existing content and whether particular material falls within the new offences.

What Is the Legal Definition of Pornography?

The new offences rely upon the existing definition of pornography found in section 63 of the Criminal Justice and Immigration Act 2008.

Broadly, an image is pornographic where it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.

This distinction is important because not every image depicting one of the specified activities will necessarily constitute unlawful pornography.

The prosecution must establish the necessary statutory elements, including the pornographic nature of the image and the particular requirements concerning the activity depicted.

The nature of the image, its realism and, where relevant, associated sound or information may all be important.

Do the New Pornography Laws Apply to AI-Generated Images?

Potentially, yes.

The statutory provisions are capable of applying to computer-generated or AI-generated material, provided the applicable legal requirements are satisfied.

A particularly important consideration is whether a reasonable person would believe that the individuals depicted were real.

Accordingly, not every computer-generated image will necessarily fall within these offences. The question will depend on the particular material and the applicable statutory test.

Are There Any Defences to the New Pornography Offences?

Yes. The legislation provides several statutory defences, although their availability and precise requirements depend on the particular offence and whether the allegation concerns possession or publication.

Legitimate Reason

A defence may be available where the accused can establish a legitimate reason for possessing or publishing the image.

Lack of Knowledge

A defence may be available where the accused had not seen the image and did not know, or have cause to suspect, that it was material covered by the relevant offence.

Unsolicited Images

In possession cases, a defence may be available where an image was sent without being requested and was not retained for an unreasonable period.

Participation in the Depicted Activity

Specific statutory defences may apply where the accused directly participated in the depicted activity and the additional conditions laid down by the legislation are satisfied.

These defences require careful consideration of the precise wording of the relevant provisions and the circumstances of each case.

How Do These Offences Differ From Existing Extreme Pornography Laws?

Possession of extreme pornographic images is already criminalised by section 63 of the Criminal Justice and Immigration Act 2008.

The existing legislation concerns particular categories of extreme pornographic material, including certain depictions of life-threatening conduct, serious injury, bestiality and necrophilia.

The Crime and Policing Act 2026 introduces additional offences covering specified categories of pornographic material, together with publication offences.

For a detailed explanation of the existing legislation, please see our guide to Possession of Extreme Pornography.

What Should You Do Before 6 November 2026?

The Ministry of Justice has confirmed that individuals possessing or continuing to publish images falling within the new offences must cease doing so before commencement to avoid criminal liability.

Anyone uncertain whether particular material is covered by the new legislation should obtain appropriate legal advice.

This is particularly important where the material forms part of a commercial business or where its legal status depends upon potentially complex questions of statutory interpretation.

Specialist Criminal Defence Advice From McMillans Solicitors

McMillans Solicitors is a specialist criminal defence firm representing individuals investigated or prosecuted for offences involving indecent images, extreme pornography and other serious sexual offences.

We understand how distressing allegations involving illegal pornography can be and the potentially serious consequences for an individual’s personal life, reputation and employment.

We provide confidential legal advice and representation throughout England and Wales.

If you are concerned about the forthcoming changes to the law, or are already being investigated for an offence involving pornography, we can advise on the relevant legislation and your options.

For free initial confidential advice, contact McMillans Solicitors on 01992 566730.

You can also contact our specialist solicitors here.

Further Reading and Official Legislation

• Crime and Policing Act 2026 – Pornography Provisions.
• Ministry of Justice Guidance – New Pornography Offences.

Article published 22 October 2026. This information concerns the law in England and Wales and is intended as general guidance only. It does not constitute advice on any individual case.