New Pornography Offences Start on 6th November 2026
New pornography offences covering certain images come into force in England and Wales on 6th November 2026. This guide explains which images are covered, the penalties and what people need to know before the rules start.
What are the new pornography offences?
The Crime and Policing Act 2026 introduces new offences covering three types of pornographic image. In England and Wales, the offences start on 6th November 2026. They cover images showing strangulation or suffocation, certain penetrative sexual activity between people shown as relatives, and sexual activity involving someone who is or is pretending to be under 16.
The images must meet specific legal conditions, including that the people shown would reasonably be thought to be real. These are specific offences, not a blanket ban on pornography. Some material involving adults may still be covered if it meets the legal conditions.
When do the new rules start?
The offences covered by this article start in England and Wales on 6th November 2026.
Which types of material are covered?
Images depicting strangulation or suffocation
This offence covers pornographic images that explicitly and realistically depict one person strangling or suffocating another, where a reasonable person would think the people shown were real. Strangulation generally means pressure on someone’s neck. Suffocation means depriving someone of enough air to breathe, and does not always involve pressure on the neck.
Not every image showing contact with someone’s neck or difficulty breathing will automatically be covered. It depends on exactly what the image shows and whether it meets the conditions set out in the law.
Certain penetrative sexual activity between people shown as relatives
This offence covers images showing specified penetrative sexual activity between people who appear to be close relatives, or who are pretending to be related in ways covered by the law. It includes certain step-family and foster-family relationships where at least one person is, or is pretending to be, under 18.
The law sets out which relationships and acts are covered. A story or image using family-related language is not automatically an offence just because of that wording.
Sexual activity involving someone who appears to be under 16
This category covers pornographic images that explicitly and realistically depict sexual activity between at least two people, where a reasonable person would think at least one is, or is pretending to be, under 16. The law includes some adult role-play scenarios, but only where the specific legal conditions are met.
A youthful appearance alone does not mean an image is covered. The law also considers whether the people shown appear real and whether a portrayal of someone being under 16 is fanciful.
Does the law cover possession as well as sharing?
Yes. The law covers both keeping qualifying images and sharing them with others.
Having an image in your control, for example on a phone, computer, personal account or cloud storage.
Giving an image to someone else or making it available to them. This can include uploading, posting, sending or sharing it. It does not have to be on a public website.
Whether an offence has been committed depends on the image, the circumstances and any legal defence that may apply.
What are the maximum penalties?
Up to 2 years
For qualifying strangulation or suffocation images, or certain images involving penetrative sexual activity between relatives.
Up to 3 years
For qualifying images involving sexual activity with someone who is or is pretending to be under 16.
Up to 5 years
For publishing qualifying images covered by the new offences.
These are the highest possible sentences, not the sentence someone would automatically receive. The outcome depends on the offence and the circumstances.
Are there any defences or exceptions?
The law includes specific defences. For example, a person may have a defence if they had not seen the image before and did not know, or have reason to suspect, that it was covered by the offences. A defence may also apply where there was a legitimate reason to possess or publish the image. For possession, another defence may apply if the image was sent without being requested and was not kept for an unreasonable length of time.
Other defences may apply in limited circumstances, including to someone who directly took part in the act shown. The rules differ between offences and between possessing and sharing images. These are not automatic exemptions; the details and evidence matter.
What should people do before the rules start?
Before 6th November 2026: England and Wales
Government guidance says people who already have images covered by the new offences should permanently delete them or otherwise get rid of them before the rules start. Anyone who has uploaded or shared covered material should remove it and stop making it available before that date.
This applies only to images that meet the legal conditions. It does not mean all pornography is becoming illegal.
Frequently asked questions
Do the new pornography laws apply to images I already have?
They can. The government says possession is a continuing act. If you already possess an image covered by the new offences, you must permanently delete it or otherwise get rid of it before 6th November 2026 to avoid committing an offence once the law takes effect.
Do the new offences cover AI-generated pornography?
The legislation focuses on images that explicitly and realistically depict the specified activity and appear to show real people. Whether a synthetic or manipulated image falls within an offence depends on the exact image and the legal test; the government guidance does not give a blanket rule that all AI-generated pornography is covered.
Can you be prosecuted for receiving an image you did not ask for?
The law includes a possible defence for someone who receives a covered image without asking for it and does not keep it for an unreasonable length of time. Whether a defence applies depends on the facts of the case. The government advises getting rid of covered material rather than keeping it.
Disclaimer
This article provides general information about the new offences in England and Wales, based on official sources available when checked. It is not legal advice and cannot determine whether a particular image or situation falls within an offence or defence. Consult the current legislation, official guidance or a qualified legal professional for advice about individual circumstances.
