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Procurement etc. of minor for child pornography
Procurement etc. of minor for child pornography
Written by
Cassie Collier
Criminal Defence Lawyer
What the Law states - Procurement etc. of minor for child pornography
Crimes Act 1958 - SECT 69
Procurement etc. of minor for child pornography69. Procurement etc. of minor for child pornography
(1) A person who-
(a) invites a minor to be in any way concerned in the making or production of child pornography; or
(b) procures a minor for the purpose of making or producing child pornography; or
(c) causes a minor to be in any way concerned in the making or production of child pornography; or
(d) offers a minor to be in any way concerned in the making or production of child pornography-
is guilty of an indictable offence punishable on conviction by level 5 imprisonment (10 years maximum).
(2) It is a defence to a prosecution for an offence against subsection (1) to prove, in the case of-
(a) a film; or
(b) a photograph contained in a publication; or
(c) a computer game-
that at the time of the alleged offence the film, publication or computer game would, if classified, be classified other than RC or X or X 18+.
Maximum Penalty in Victoria
10 years imprisonment
What the Prosecution must prove - Procurement etc. of minor for child pornography - Vic
(a) The accused invited, caused or offered a minor to be in any way concerned in, or procured a minor for the purpose of making or producing, a film, photograph, publication or computer game.
(b) The film, photograph, publication or computer game describes or depicts a person who is or appears to be a minor in an indecent sexual manner or context.
Possible Defences - Procurement etc. of minor for child pornography
(a) Factual dispute.
(b) Identification dispute.
(c) Lack of intent.
Which court will hear the charge of Procurement etc. of minor for child pornography
County Court.
