Child Abuse Material Offences
6 February 2022 in Criminal LawBeing charged with an offence relating to child abuse material is a serious matter with severe penalties.
Brander Smith McKnight’s expert criminal lawyers understand the overwhelming and stressful consequences of being charged with an offence relating to child abuse material.
Our criminal lawyers are familiar with child abuse material offences and can assess the matter, provide legal advice and explain the options available. We are able to explain potential defences and exceptions to offences relating to child abuse material.
What is child abuse material?
The legal definition of child abuse material is outlined in section 91FB of the Crimes Act 1900 (NSW). This section 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, 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.
Factors which will contribute to the determination of whether child abuse material is offensive include:
- The standards of morality, decency and propriety generally accepted by reasonable adults, and
- The literary, artistic or education merit (if any) of the material, and
- The journalistic merit (if any) of the material, being the merit of the material as a record or report of a matter of public interest, and
- The general character of the material (including whether it is of a medical, legal or scientific character)
Types of Child Abuse Material Offences
The various offences relating to child abuse material in NSW are explained in simple terms below.
Children not to be used for child abuse material
It is an offence under section 91G of the Crimes Act 1900 (NSW) for any person to:
- Use a child for the production of child abuse material, or
- Causes or procures a child to be used for the production of child abuse material, or
- Having the care of a child, consents to or allows the child to be used for the production of child abuse material
Where the victim of the offence is under the age of 14, the maximum penalty is 14 years imprisonment.
Where the victim of the offence is of or above the age of 14, the maximum penalty for the offence is 10 years imprisonment.
Production dissemination or possession of child abuse material
It is an offence under section 91H of the Crimes Act 1900 (NSW) for a person to produce, disseminate or possess child abuse material. The maximum penalty for the offence is 10 years imprisonment.
Sexual act for the production of child abuse material
It is an offence under section 66DF of the Crimes Act 1900 (NSW) for any person who knows that a sexual act is being filmed for the purposes of the production of child abuse material tointentionally:
- Carry out a sexual act with or towards a child who is under the age of 16 years, or
- Incite a child who is under the age of 16 years to carry out a sexual act with or towards the person, or
- Incite a child who is under the age of 16 years to carry out a sexual act with or towards another person, or
- Incite another person to carry out a sexual act with or towards a child who is under the age of 16 years.
The maximum penalty for this offence is 10 years imprisonment.
For the purposes of this offence, a sexual act is an act that is carried out in circumstances where a reasonable person would consider the act to be sexual. When considering whether an act is sexual the court will consider the area of the body involved in the act, the reason the act was being performed and any other aspect of the act which may render it sexual in nature.
It is important to note that an act carried out for a genuine medical or hygienic purpose is not a sexual act.
Why BSM Lawyers?
Our expert criminal lawyers have experience with sexual assault matters and understand that being charged with a sexual offence is stressful and overwhelming. We can assist you with your sexual offence charge alleviating the stress and difficulty of managing the charge on your own. Our lawyers have a record of achieving excellent results in sexual offence cases.
Our criminal defence team are able to run most court matters without the added expense of a barrister. However, for serious criminal matters we have a panel of expert barristers who we frequently engage.
The criminal lawyers at BSM will fight tirelessly in your corner and vigorously defend your rights.
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
Brander Smith McKnight has offices located in Sutherland, Sydney CBD, Parramatta and Wollongong.
FAQs
What is the legal meaning of production?
In the context of the offence of producing child abuse material outlined in 91H of the Crimes Act 1900 (NSW), production means to:
- Film, photograph, print or otherwise make child abuse material, or
- Alter or manipulate any image for the purpose of making child abuse material, or
- Enter into any agreement or arrangement to do so.
What is the legal meaning of dissemination?
In the context of the offence of disseminating child abuse material, disseminate child abuse material means to:
- Send, supply, exhibit, transmit or communicate it to another person, or
- Make it available for access by another person, or
- Enter into any agreement or arrangement to do so.
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
