What the Law states - Possession of child pornography

Crimes Act 1958 - SECT 70

Possession of child pornography

70. Possession of child pornography

(1) A person who knowingly possesses child pornography is guilty of an indictable offence.

Penalty: Level 6 imprisonment (5 years maximum).

(2) It is a defence to a prosecution for an offence against subsection (1) to prove-

(a) in the case of-

(i) a film; or

(ii) a photograph contained in a publication; or

(iii) a computer game-

that at the time of the alleged offence the film, publication or computer game was classified other than RC or X or X 18+ or would, if classified, be classified other than RC or X or X 18+; or

(b) that the film, photograph, publication or computer game possesses artistic merit or is for a genuine medical, legal, scientific or educational purpose; or

(c) that the defendant believed on reasonable grounds that the minor was aged 18 years or older or that he or she was married to the minor; or

(d) that the defendant made the film or took the photograph or was given the film or photograph by the minor and that, at the time of making, taking or being given the film or photograph, the defendant was not more than 2 years older than the minor was or appeared to be; or

(e) that the minor or one of the minors depicted in the film or photograph
is the defendant.

(3) Despite subsection (2)(b), the defence of artistic merit cannot be relied on in a case where the prosecution proves that the minor was actually under the age of 18 years.

(4) Nothing in this section makes it an offence for-

(a) any member or officer of a law enforcement agency; or

(b) a person authorised in writing by the Chief Commissioner of Police assisting such a member or officer; or

(c) a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police assisting such a member or officer-

to have child pornography in his or her possession in the exercise or performance of a power, function or duty conferred or imposed on the member or officer by or under this or any other Act or at common law.