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(b) the audience of the performance consisted of the defendant only.

(4) For the purposes of this section, to depict a person pornographically means—

(a) to visually depict a person as being engaged in explicit sexual conduct, whether or not the person is in fact engaged in such conduct; or

(b) to visually depict, in a sexual manner or context, the genitals or anal region of a person or, in the case of a female person, her breast,

but, for the avoidance of doubt, a depiction for a genuine family purpose does not, merely because it depicts any part of the body referred to in paragraph (b), fall within that paragraph.

(5) In this section—

“live pornographic performance” (真人色情表演) includes any play, show, exhibition, act, entertainment, presentation, display or other performance of any kind in which a person is pornographically depicted;

“pornography” (色情物品) means—

(a) a photograph, film, computer-generated image or other visual depiction that depicts a person pornographically, whether it is made or generated by electronic or any other means and whether or not it has been modified; or

(b) anything that incorporates a photograph, film, image or depiction referred to in paragraph (a),

and includes data stored in a form that is capable of conversion into a photograph, film, image or depiction referred to in paragraph (a) and anything containing such data.”.

15. Conviction for offence other than that charged

Section 149(1) is amended by repealing “the Schedule” where it twice appears and substituting “Schedule 1”.

16. Subheading and sections added

The following are added immediately after section 153O—