Section 138 of the Data (Use and Access) Act 2025 will commence on Friday 6 February 2026 under the fifth commencement regulations made by the Ministry of Justice on 15 January 2026. On commencement, the provision activates new offences and connected measures in the Sexual Offences Act 2003 and makes linked amendments to sentencing, service justice and inchoate liability. (legislation.gov.uk)
The first offence, to be inserted as section 66E of the Sexual Offences Act 2003, criminalises intentionally creating a “purported intimate image” of an adult without consent and without a reasonable belief in consent. A purported intimate image is one that appears to show the person in an intimate state and appears to be, or include, a photo or film of them, but is not, or is not only, an authentic photo or film. The definition is framed to capture synthetic and AI-generated imagery. (legislation.gov.uk)
A second offence, section 66F, covers requesting the creation of a purported intimate image without consent and without a reasonable belief in consent. The request can be directed to a specific person or made generally, including in public online spaces, and the offence is committed even if no image is ever produced. The legislation clarifies that agreement to an offer or complying with an offer’s conditions can amount to a request. (legislation.gov.uk)
Section 66G supplies the operative definitions. Consent may be general or specific to a particular act; whether a belief was reasonable is assessed on all the circumstances, including any steps taken to check consent. “Image”, “photograph” and “film” include data capable of conversion into those formats, and an image may be treated as of an adult where that is the predominant impression conveyed. (legislation.gov.uk)
Time limits for prosecutions are extended. New section 66H allows a magistrates’ court to try cases under sections 66E or 66F if proceedings start within three years of the offence and within six months of the date when sufficient evidence came to the prosecutor’s knowledge, certified by the prosecutor. This disapplies the usual six‑month summary limit in section 127(1) of the Magistrates’ Courts Act 1980. (legislation.gov.uk)
Both offences are summary only. The maximum penalty is a fine or imprisonment up to the “maximum term for summary offences” (currently six months, rising to 51 weeks if section 281(5) of the Criminal Justice Act 2003 is in force at the time of the offence). The Act also requires a ministerial review of the “reasonable excuse” defence within two years of the provisions coming into force. (legislation.gov.uk)
A consequential change to section 79(5) of the Sexual Offences Act 2003 ensures that references to an “image of a person” for Part 1 do not apply to the new sections 66E, 66F and 66G. This avoids unintended overlap with other image provisions and confirms that the bespoke definitions for purported intimate images govern these offences. (legislation.gov.uk)
Related powers are aligned. A new section 154A is added to the Sentencing Code so that, on conviction for creating or requesting a purported intimate image, the court may treat the image and any device containing it as used for the purpose of the offence, enabling deprivation orders. Service courts receive parallel powers through new section 177DA of the Armed Forces Act 2006. (legislation.gov.uk)
Inchoate liability is adjusted to avoid duplication. The Serious Crime Act 2007 is amended so that a person cannot be guilty of encouraging or assisting the section 66F “request” offence under sections 45 or 46 of the 2007 Act. Parliament has therefore created a self‑contained request offence rather than relying on general inchoate crimes. (legislation.gov.uk)
Operationally, the changes mean police and prosecutors will have a longer window to gather digital evidence and bring summary cases, while courts will be able to order the forfeiture of synthetic images and storage devices on conviction. Organisations should note that definitions of “intimate state” track those already used for exposure and voyeurism offences, supporting consistent charging and guidance updates once section 138 takes effect. (legislation.gov.uk)