Child Pornography

Child Pornography charges or possession of child abuse material is a serious offence that may result in imprisonment. If you have been charged with a child pornography offence, it is imperative that you contact George Sten & Co Criminal Lawyers for our specialised legal advice. With over 50 years experience in this area of law, our criminal lawyers will be able to assist you in building your case and gaining the best possible result.

The use of a child to produce child abuse material (also known as child pornography) and the production, dissemination and possession of child abuse material is prohibited by the Crimes Act 1900 (NSW). These offences are considered extremely serious and can lead to imprisonment of up to 14 years per offence. If you are being investigated for a child abuse offence, then you should contact George Sten & Co Criminal Lawyers. We have a special 24 hour phone line for urgent matters. If your matter is urgent, contact us on 0412 423 569. Otherwise, phone us on (02) 9261 8640 or email us.

Child abuse material

Section 91G of the Crimes Act 1900 criminalises child abuse material. For the purposes of this offence, a child is a person under the age of 16 years and child abuse material is any material that depicts in a way, which a reasonable person would find offensive:

  • A person who is, appears to be or is implied as a child who is victim of torture, cruelty or sexual abuse;
  • A child who is engaged or apparently engaged in a sexual pose or sexual activity;
  • 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.

Material that depicts a person or the private parts of a person that is trying to represent or appear to be a child is also considered child abuse material.

A person who uses a child under the age of 14 for the production of child abuse material or causes or procures a child to be used or has the case of a child and consents to a child being used is guilty of an offence. This offence has a maximum penalty of 14 years imprisonment.

A person who uses a child over the age of 14 for the production of child abuse material or causes or procures a child to be used or has the case of a child and consents to a child being used is guilty of an offence. This offence has a maximum penalty of 10 years imprisonment.

Production, dissemination or possession of child abuse material

It is a crime to produce, disseminate or possess child abuse material. Production refers to filming, photographing, printing or making child abuse material. It also includes altering or manipulating images of making child abuse material. Having possession or control of data containing child abuse material is prohibited. Disseminating child abuse material in any way or entering into an agreement to do so is an offence. Each of these offences is punishable by up to 10 years imprisonment.

Defences

The Crimes Act 1900 (NSW) stipulates defences for the above offences. An example of such a defence is ‘innocent production’. Innocent production occurs when a person produces, disseminates or possesses child abuse material without knowing that the material is child abuse material. It is also a defence if you remove the child abuse material as soon as you become aware of its nature as child abuse material. There are several other defences that we can explore if you have been accused of a child abuse material offence.

As you can see from the penalties, using children for the production of child abuse material is an extremely serious offence. If you are being investigated or charged for a child abuse material offence, then it is imperative that you contact George Sten & Co. Our lawyers specialise in criminal law and have the knowledge and experience necessary to fight your case in court. To access our expert legal knowledge, contact us on (02) 9261 8640 or email us. We also have an emergency phone line which you can contact 24 hours a day, 0412 423 569.

Related Information on Child Pornography