In August 2002 the Panel published its advice to the Court of Appeal.
The Court of Appeal clarified the definitions in relation to image level classifications.
The courts held that Level 1 as it seems to us, neither nakedness in a legitimate setting, nor the surreptitious procuring of an image, gives rise, of itself, to a pornographic image. Accordingly, with that amendment to the Panels proposals we categorise the relevant levels as:
(1) Images depicting erotic posing with no sexual activity;
(2) Sexual activity between children, or solo masturbation by a child;
(3) Non-penetrative sexual activity between adults and children;
(4) Penetrative sexual activity between children and adults;
(5) Sadism or bestiality.
The implication of this judgement has been to remove nudity from the Level 1 offence however still retaining the element of erotic posing.
Neutral Citation Number: (2002) EWCA Crim 2766
Following R v Wild (2002) the Court of Appeal sought the views of the Sentencing Advisory Panel in relation to offences involving indecent photographs and pseudo images of children.
On 30 April 2007 the Sentencing Guidelines Council published its Sexual Offences Act 2003 Definitive Guidelines. See page 109 for Part 6A: Indecent Photographs of Children including details of sentencing levels 1 - 5, guidelines for establishing the seriousness of child sexual abuse images.
These Guidelines were replaced on 1 April 2014 by the Sentencing Council’s Sexual Offences Definitive Guideline which outlines new definitions for the different categories of child sexual abuse imagery on page 75 in the section on Indecent Photographs of Children.