Act 2 Computer Misuse Act 2011 (2) It is immaterial— (a) except so far as regards punishment, whether the offender does all that is necessary on his or her part for completing the commission of the offence, or whether the complete fulfillment of his or her intention is prevented by circumstances independent of his or her will, or whether the offender desists of his or her own motion from the further prosecution of his or her intention; or (b) that by reason of circumstances not known to the offender it is impossible in fact to commit the offence. 23. Child pornography. (1) A person who— (a) produces child pornography for the purposes of its distribution through a computer; (b) offers or makes available child pornography through a computer; (c) distributes or transmits child pornography through a computer; (d) procures child pornography through a computer for himself or herself or another person; or (e) commits unlawfully possesses child pornography on a computer, an offence. (2) A person who makes available pornographic materials to a child commits an offence. (3) For the purposes of this section “child pornography” includes pornographic material that depicts— (a) a child engaged in sexually suggestive or explicit conduct; (b) a person appearing to be a child engaged in sexually suggestive or explicit conduct; or 16

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