Possessing, Disseminating or Producing Child Abuse Material is an offence under section 91H of the Crimes Act 1900 which carries a maximum penalty of 10 years in prison
To establish the offence, the prosecution must prove beyond reasonable doubt that you:
‘Possession’ includes physical custody or control of material or data
‘Child abuse material’ is that which depicts or describes in a way that reasonable persons would regard as being offensive:
As a victim of torture, cruelty or physical abuse, or engaged in or apparently engaged in a sexual pose or sexual activity, or in the presence of another who is engaged in or apparently engaged in a sexual pose or sexual activity.
In determining whether material is offensive to a reasonable person, the following matters must be taken into account:
‘Private parts’ is defined as:
The genital or anal area, whether bare or covered by underwear, or the breasts of a female, or transgender or intersex person identifying as female whether or not the breasts are developed
For the purposes of the offence, a ‘child’ is a person under the age of 16 years
Defences to the charge include where:
An additional defence to possessing child abuse material is where you received it unsolicited and took reasonable steps to get rid of it upon becoming aware of its nature
An exception to the offence is where:
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