Section 273.7 Criminal Code Act | Aggravated Child Pornography Outside Australia


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The Legislation

Section 273.7 of the Criminal Code Act 1995 (Cth) is Aggravated Child Pornography Outside Australia and is extracted below.

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273.7 Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people

(1) A person commits an offence against this section if:

(a) the person commits an offence against either of the following provisions on 3 or more separate occasions:

(i) section 273.5 (possessing etc. child pornography material outside Australia);

(ii) section 273.6 (possessing etc. child abuse material outside Australia); and

(b) the commission of each such offence involves 2 or more people.

Penalty: Imprisonment for 25 years.

(2) There is no fault element for any of the physical elements described in paragraph (1)(a) other than the fault elements (however described), if any, for the offence against section 273.5 or 273.6.

(3) To avoid doubt, a person does not commit an offence against section 273.5 or 273.6 for the purposes of paragraph (1)(a) if the person has a defence to that offence.

Offence or conduct need not be the same

(4) For the purposes of subsection (1), it is immaterial whether the offence, or the conduct constituting the offence, is the same on each occasion.

Double jeopardy etc.

(5) A person who has been convicted or acquitted of an offence (the aggravated offence) against this section may not be convicted of an offence against section 273.5 or 273.6 in relation to the conduct that constituted the aggravated offence.

(6) Subsection (5) does not prevent an alternative verdict under section 273.8.

(7) A person who has been convicted or acquitted of an offence (the underlying offence) against section 273.5 or 273.6 may not be convicted of an offence against this section in relation to the conduct that constituted the underlying offence.