If you are charged with an offence of this nature, you should obtain legal advice immediately. There are a number of possible State and Federal laws under which charges may be laid, each with different elements, penalties and procedures. Contact us for a free initial consultation.
New South Wales Law
Section 91G of the Crimes Act 1900 (NSW) sets out offences relating to the use of children for the production of child abuse material. The offences include:
- Use a child who is under the age of 14 years for the production of child abuse material
- Causing or procuring a child under the age of 14 years to be used for the production of child abuse material
- Consenting to/allowing a child under the age of 14 years that is in your care, to be used for the production of child abuse material
The maximum penalty is imprisonment for 14 years.
Where the child is 14 years of age or above, the maximum penalty is imprisonment for 10 years.
Section 91H of the Crimes Act 1900 (NSW) sets out the offence of producing, disseminating or possessing child abuse material. The maximum penalty is imprisonment for 10 years if prosecuted on indictment, but 2 years imprisonment or 100 penalty units if prosecuted in the Local Court.
Section 91FB defines child abuse material as material that depicts or describes, in a way that reasonable persons would regard as being, in all the circumstances, offensive:
- a person who is, appears to be or is implied to be, a child as a victim of torture, cruelty or physical abuse, or
- a person who is, appears to be or is implied to be, a child engaged in or apparently engaged in a sexual pose or sexual activity (whether or not in the presence of other persons), or
- a person who is, appears to be or is implied to be, a child in the presence of another person who is engaged or apparently engaged in a sexual pose or sexual activity, or
- the private parts of a person who is, appears to be or is implied to be, a child.
There are a number of other charges that may apply.
Federal Law
The Criminal Code Act 1995 (Cth) contains a number of offences relating to child pornography and child abuse. For example, Section 474.19 prohibits the use of a carriage service for child pornography material. The maximum penalty is imprisonment for 15 years.
Section 474.20 sets out the offences of possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service. The maximum penalty is imprisonment for 15 years.
Section 474.27A sets out the offence of using a carriage service to transmit an indecent communication to a person who is, or whom the sender believes to be, under 16 years of age. The maximum penalty is imprisonment for 7 years.
Child pornography material has a similar definition under Federal law to child abuse material under NSW law, but there are differences. A number of further offences also exist under the Criminal Code.
As such, it is important to obtain legal advice to maximise your chances of a good outcome at Court.
If you are seeking legal advice, contact us for a free initial consultation.