Section 474.19 Criminal Code Act | Using Carriage Service for Child Pornography


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The Legislation

Section 474.19 of the Criminal Code Act 1995 (Cth) is Using Carriage Service for Child Pornography and is extracted below.

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474.19 Using a carriage service for child pornography material

(1) A person is guilty of an offence if:

(a) the person:

(i) accesses material; or

(ii) causes material to be transmitted to himself or herself; or

(iii) transmits, makes available, publishes, distributes, advertises or promotes material; or

(iv) solicits material; and

(aa) the person does so using a carriage service; and

(b) the material is child pornography material.

Penalty: Imprisonment for 15 years.

(2) To avoid doubt, the following are the fault elements for the physical elements of an offence against subsection (1):

(a) intention is the fault element for the conduct referred to in paragraph (1)(a);

(b) recklessness is the fault element for the circumstances referred to in paragraph (1)(b).

Note:    For the meaning of intention and recklessness see sections 5.2 and 5.4.

(2A) Absolute liability applies to paragraph (1)(aa).

Note:     For absolute liability, see section 6.2.

(3) As well as the general defences provided for in Part 2.3, defences are provided for under section 474.21 in relation to this section.