Section 91G Crimes Act 1900 | Use Child to Produce Child Abuse Material


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Being accused of using a child to produce “child abuse material” can be an overwhelming and upsetting experience for yourself and your loved ones.

However, by understanding the charges against you and enlisting the help of our specialist sexual offence lawyers, you can ensure that you are in the best possible position when it comes to fighting the allegations against you.

Section 91G of the Crimes Act 1900 deals with the offence of “using a child to produce child abuse material.”

It says that you commit an offence where you use a child to produce child abuse material.

You can read more about what constitutes “child abuse material” here.

You will also commit an offence under s 91G if you cause or procure a child to be used for the production of child abuse material – for example, enticing or coercing children to be used.

Section 91G also includes situations where you allow your own child, or a child that you are caring for to be used for the production of child abuse material.

The penalties under s 91G vary depending on the age of the child in question.

Where the child was under the age of 14 at the time of the offence, the maximum penalty is 14 years’ imprisonment.

Where the child was aged between 14 and 17 at the time of the offence, the maximum penalty is 10 years’ imprisonment.

While these penalties are evidently very harsh, it’s important to remember that they are maximums only.

You can increase your chances of obtaining a more lenient penalty in your case by getting our specialist sexual offence lawyers on your side.

The Legislation

91G Children not to be used for production of child abuse material

(1) Any person who:

(a) uses a child who is under the age of 14 years for the production of child abuse material, or

(b) causes or procures a child of that age to be so used, or

(c) having the care of a child of that age, consents to the child being so used or allows the child to be so used,

is guilty of an offence. Maximum penalty: imprisonment for 14 years.

(2) Any person who:

(a) uses a child who is of or above the age of 14 years for the production of child abuse material, or

(b) causes or procures a child of that age to be so used, or

(c) having the care of a child of that age, consents to the child being so used or allows the child to be so used,

is guilty of an offence. Maximum penalty: imprisonment for 10 years.

(3) (Repealed)

(4) For the purposes of this section, a person may have the care of a child without necessarily being entitled by law to have the custody of the child.

(5) Where on the trial of a person for an offence under subsection (1) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under subsection (2), it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

Why Sydney Criminal Lawyers?

At Sydney Criminal Lawyers, we have years of experience fighting and winning complex child sex offence cases, including “using children to produce child abuse material” cases.

Our specialist knowledge and experience of this area of the law gives us a leading advantage over other lawyers when it comes to securing the best possible outcome in these cases.

We will fight hard to protect your innocence by finding problems with the prosecution evidence and using these issues to dispute the allegations against you.

Often, by thoroughly examining all the material early on, we can identify problems with the prosecution case and push to have the charges dropped, sparing our clients the time and expense involved in going to court.

Our criminal law experts can also advise you of any defences that you can raise to explain your actions.

Where you simply wish to plead guilty, our dedicated senior lawyers will work hard to ensure that you get the best possible outcome in your case by preparing compelling sentencing submissions which focus on positive factors, such as your good character

For the strongest defence in your child sex offence case, you need the strongest possible legal representation. Call us now on (02) 9261 8881 and book a FREE first conference with our specialist child sex offence lawyers to discuss your case.