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Classification (Publications, Films and Computer Games) (Enforcement) Act 1995
23Sale or delivery of certain films to child
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23 Sale or delivery of certain films to child
(a) the person sells or delivers a film to a child; and
(c) for an unclassified film—the film is subsequently classified RC.
delivered is a child; and
(b) subsection (1) (c).
(3) Subsection (1) does not apply if the film is an unclassified film and
the person does not believe, and has no reasonable grounds for
believing, that the film would be classified RC.
(4) It is a defence to a prosecution for an offence against subsection (1)
before the defendant sold or delivered the film to the child; and
(a) the person sells or delivers a film to a child; and
(i) classified X 18+ or R 18+; or
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(c) for an unclassified film—the film is subsequently classified
(6) Absolute liability applies to—
delivered is a child; and
(b) subsection (5) (c).
(7) Subsection (5) does not apply if—
be classified X 18+ or R 18+.
(8) It is a defence to a prosecution for an offence against subsection (5),
if the defendant proves—
(a) that—
(i) the child produced to the defendant acceptable proof of age
before the defendant sold or delivered the film to the child;
and
(ii) the defendant believed, on reasonable grounds, that the
child was an adult; or
(b) for the delivery of a film classified R 18+—the child was
employed by the defendant or the defendant’s employer and the
delivery took place in the course of that employment.
(9) A person commits an offence if—
(a) the person sells or delivers a film to a child under 15 years old;
and
(i) classified MA 15+; or
(c) for a film that is unclassified—the film is subsequently
classified MA 15+.
(10) Absolute liability applies to–
delivered is under 15 years old; and
(b) subsection (9) (c).
(11) Subsection (9) does not apply if—
be classified MA 15+.
(12) It is a defence to a prosecution for an offence against subsection (9)
if the defendant proves that the defendant believed, on reasonable
grounds, that—
(a) the child was 15 years old or older; or
(b) a parent or guardian of the child had consented to the sale or
delivery.
Section 24
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