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Procurement etc. of minor for child pornography

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Written by
Cassie Collier
Criminal Defence Lawyer


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Sexual Offences - VIC
The Law - Procurement etc. of minor for child pornography

What the Law states - Procurement etc. of minor for child pornography


Crimes Act 1958 - SECT 69

Procurement etc. of minor for child pornography

69. Procurement etc. of minor for child pornography

(1) A person who-

(a) invites a minor to be in any way concerned in the making or production of child pornography; or

(b) procures a minor for the purpose of making or producing child pornography; or

(c) causes a minor to be in any way concerned in the making or production of child pornography; or

(d) offers a minor to be in any way concerned in the making or production of child pornography-

is guilty of an indictable offence punishable on conviction by level 5 imprisonment (10 years maximum).

(2) It is a defence to a prosecution for an offence against subsection (1) to prove, in the case of-

(a) a film; or

(b) a photograph contained in a publication; or

(c) a computer game-

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

Maximum Penalty in Victoria



10 years imprisonment

What the Prosecution must prove - Procurement etc. of minor for child pornography - Vic


(a) The accused invited, caused or offered a minor to be in any way concerned in, or procured a minor for the purpose of making or producing, a film, photograph, publication or computer game.

(b) The film, photograph, publication or computer game describes or depicts a person who is or appears to be a minor in an indecent sexual manner or context.

Possible Defences - Procurement etc. of minor for child pornography


(a) Factual dispute.

(b) Identification dispute.

(c) Lack of intent.

Which court will hear the charge of Procurement etc. of minor for child pornography


County Court.

Appeal Procurement etc. of minor for child pornography Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
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