Child abuse (child pornography) offences

There is both State and Commonwealth legislation in relation to offences involving child abuse material, previously referred to as child pornography offences. In most cases, a mixture of state and Commonwealth offences will be charged.

Generally, state offences relate to the possession, production and dissemination of child abuse (or child pornography material) and the grooming or procuring of children for sexual activity. The most commonly prosecuted offences include:

  • section 91G Crimes Act 1900 (NSW)using a child to produce child abuse material
  • section 91H Crimes Act 1900 (NSW)producing, disseminating and possessing child abuse material
  • section 66EB Crimes Act 1900 (NSW)procuring or grooming a child under 16 for unlawful sexual activity

These offences all carry a maximum penalty of over 10 years imprisonment.

Commonwealth offences generally relate to the use of the internet to transmit, access or solicit child abuse material. Increasingly, people are being charged in relation to conduct occurring over text, Skype, WhatsApp and other instant messaging services for grooming and procuring of children for sexual activity over the internet. The most commonly prosecuted offences include:

  • section 474.19 Criminal Code 1995 (Cth) – using a carriage service to access, transmit , make available or solicit child abuse material
  • section 474.26 Criminal Code 1995 (Cth)—use carriage service to procure person under 16 years of age for sexual activity
  • section 474.27 Criminal Code 1995 (Cth) – use carriage service to “groom” a person under 16 years of age for sexual activity
  • section 474.27A(1) Criminal Code 1995 (Cth) —use carriage service to transmit indecent communication to person under 16 years of age

The team at Kingston Fox Lawyers have expertise in these types of matters having been prosecutors with the Commonwealth Director of Public Prosecutions over a long period of time. We understand the complexity of the legislation and the technical evidence relied upon by the police.

Contact Kingston Fox Lawyers to discuss your matter and consider your options.