The Law’s definition of child abuse material is found in Section 91FB of the Crimes Act 1900, which is as follows:
Meaning of 91FB Child Abuse Material
(1) “Child abuse material” is defined as material in this division that depicts or describes one of the following in a way that a reasonable person would find offensive under all the circumstances:
(a) a child who is, appears to be, or is implied to be, a victim of torture, cruelty, or physical abuse; or (b) a child 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
(c) Any individual who is, seems to be, or is implied to be a minor in the company of another individual who is involved in or apparently engaged in a sexual pose or sexual activity, or
(d) the intimate body parts of an individual who is, seems to be, or is implied to be, a minor.
(2) When determining whether specific material would be considered offensive by reasonable individuals, the following factors should be taken into consideration:
(a) The standards of morality, decency, and propriety that are generally accepted by reasonable adults.
(b) The potential literary, artistic, or educational value of the material, if any.
(c) The journalistic value, if any, of the material, particularly if it serves as a record or report of a matter of public interest.
(d) The overall character of the material, including whether it falls within medical, legal, or scientific contexts.
(3) Material that portrays an individual or their intimate body parts encompasses material that portrays a representation of an individual or their intimate body parts. This includes material that has been modified or manipulated to give the impression of an individual being a minor or to produce a depiction as mentioned in subsection (1).
(4) The term “private parts” of an individual refer to:
(a) The genital area or anal area of an individual, or
(b) The breasts of a female individual.
If you are facing charges for the offence of Producing, Disseminating, or Possessing Child Abuse Material, contact KPT Defence Lawyers at (02) 9267 5555 to schedule a complimentary initial consultation with a skilled defence lawyer. During this meeting, the lawyer will inform you about your available options, guide you on the best course of action, and vigorously strive to achieve the most favorable result in your case.
Child abuse material, often referred to as child pornography, includes any visual, written, or digital material that depicts explicit or sexual content involving minors under the age of 18. This is a serious criminal offense.
Penalties for child abuse material offences can be severe and may include imprisonment, fines, and being placed on a sex offender registry. The specific penalties depend on factors like the severity of the material, the accused’s prior criminal record, and jurisdictional laws.
No, possession, distribution, and production are distinct offences. Possession involves having child abuse material in your possession. Distribution is sharing or disseminating such material, while production entails creating or generating it.
Accidental downloads or unintentional possession of such material may be taken into consideration during legal proceedings. However, whether you are charged or not depends on the circumstances, and you should seek tailored advice from one of our criminal defence lawyers on your situation.
If you’re facing child abuse material charges, it’s crucial to consult with a criminal defence lawyer immediately. They can provide legal guidance, explain your rights, and help build a strong defence.
Possible defences may include lack of knowledge of the material’s content, improper police procedures, or challenging the evidence presented against you. Your lawyer will assess your case and determine the best defence strategy.
You have the right to remain silent and not incriminate yourself. It’s advisable to exercise this right and consult with a lawyer before answering any questions during an investigation.
If convicted, you may face imprisonment, fines, good behaviour bond, mandatory counseling, and registration as a sex offender. The specific consequences depend on the nature and severity of the offence.
Laws regarding the age of consent and what constitutes child abuse material vary by jurisdiction. It’s essential to be aware of the age of consent laws in your area to avoid legal issues.
Child abuse material laws are often nuanced. In some cases, artistic or non-explicit material may still be considered illegal if it sexualizes minors. Legal interpretation can vary, so it’s best to consult with one of our lawyers if you have concerns about specific content.
Engaging in the production, distribution, or possession of “child abuse material” is a severe criminal offence with potentially devastating consequences for your life and relationships with loved ones.
However, understanding the laws pertaining to this matter can empower you to put up the best defence against the charges. Our team of specialised sex offence lawyers will collaborate with you to challenge the prosecution’s case and raise any defence to the charges.
If you find yourself facing charges related to “child abuse material,” it is crucial to comprehend what exactly falls under this category. The definition of “child abuse material” is provided in s 91FB of the Crimes Act.
Material can be classified as “child abuse material” if it depicts:
1. A child as the victim of torture, cruelty, or physical abuse.
2. A child engaged in a sexual pose or activity.
3. A child in the presence of another person engaged in a sexual pose or activity.
4. The private parts of a child.
While many people often associate “child abuse material” with videos or audiovisual content, it can also include photographs, drawings, animations, or even material altered to resemble a child.
It’s essential to understand that you can be charged with a “child abuse material” offence even if the subject depicted is over 18 years old. If the person is portrayed to appear as a child through their clothing, actions, or words, the material can still be classified as “child abuse material.”
To determine whether the material in question qualifies as “child abuse material,” the court will consider whether ordinary people would find it offensive. This assessment involves considering the prevailing standards of morality, decency, and propriety accepted by reasonable adults.
Furthermore, the court may take into account whether the material holds any literary, artistic, educational, or journalistic merit and evaluate the general character of the material (e.g., if it serves a medical, legal, or scientific purpose).