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Production of child pornography
Production of child pornography
What the Law states - Production of child pornography
Crimes Act 1958 - SECT 68
Production of child pornography68. Production of child pornography
(1) A person who prints or otherwise makes or produces child pornography is guilty of an indictable offence punishable on conviction by level 5 imprisonment (10 years maximum).
(1A) 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 was classified other than RC or X or X 18+ or would, if classified, be classified other than RC or X or X 18+.
(2) Nothing in subsection (1) 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 a member or officer; or
(c) a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police assisting a member or officer-
to print or otherwise make or produce child pornography 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.
Maximum Penalty in Victoria
10 years
What the Prosecution must prove - Production of child pornography - Vic
(a) The accused deliberately and intentionally printed, made or produced 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 engaged in sexual activity or depicted in an indecent sexual manner or context.
Possible Defences - Production of child pornography
(a) Factual dispute.
(b) Honest and reasonable mistake of belief.
(c) Identification dispute.
(d) Lack of intent.
Which court will hear the charge of Production of child pornography
County Court.
