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Involving a Child in the Production of Child Abuse Material

Name: Doogue + George Defence Lawyers
Address: Level 5/221 Queen St, Melbourne, VIC, 3000, AU
Telephone: (03) 9670 5111
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Author: Dee Giannopoulos

Practice area: sex offences

Dee is a Director at Doogue + George and an LIV Accredited Criminal Law Specialist, recognised by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026), with extensive experience in adult and child sex offence matters. Her depth of experience in this area means clients receive accurate, considered advice.

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Dee authored this content and last revised it for accuracy on 6 August 2026.

What is the offence of Involving a Child in the Production of Child Abuse Material?

In Victoria, this offence applies where a person intentionally plays a role in the creation of child abuse material by involving a child in its production. The offence targets conduct connected to making the material itself, rather than possessing or distributing it, and is prosecuted as a serious indictable crime.

Key points

Legal basis: Section 51B of the Crimes Act 1958 (Vic).
Prohibited conduct: Intentionally involving a child in producing material that is child abuse material, with knowledge of the child’s age and the nature of the material.
Court jurisdiction: Supreme Court.

The maximum penalty for Involving a Child in the Production of Child Abuse Material is level 5 imprisonment (up to 10 years).

Common defences may include factual disputes, identification issues, honest and reasonable mistake of belief, and mental impairment.

Have you been accused of Involving a Child in the Production of Child Abuse Material? Do you need advice from experts? This is a very serious offence which can lead to a prison sentence if not handled properly. The Court consider these matters seriously because they involve vulnerable members of our community.

Police interview

We can advise you on how to deal with the Police in relation to an Involving a Child in the Production of Child Abuse Material charge. You may have questions, such as:

Do I need to attend the Police station for an interview?
Do I need to answer the Police officer’s questions?
Do I need to hand over my mobile phone?
Do I need to hand over my electronic devices?

If the Police want to speak with you about an allegation of Involving a Child in the Production of Child Abuse Material, call us straight away. Our lawyers can also attend the Police interview with you for support and legal advice.

Pleading not guilty

Being accused of Involving Children in the Production of Child Abuse Material can be tough to deal with. Therefore, it is important to have someone on your side who is going to protect your best interests and not be judgemental.

It is important to consider the following questions – what was found on the computer? What was found on the mobile phone? Is the material ‘child abuse material’? How did it get on the device?

We know how to run successful defences to charges of Involving a Child in the Production of Child Abuse Material.

Pleading guilty

We can prepare a plea of guilty to Involving Children in the Production of Child Abuse Material to get the best possible outcome for you. There are facts which a Magistrate or Judge needs to know which can lead to a reduced penalty. This will involve us organising documents, reports, and explaining the circumstances of the offences.

Sentencing outcomes

Sentencing in the higher courts of Victoria

Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) s 51B(1) — 37 charges, higher courts, 1 July 2019 – 30 June 2024.

Outcome	%
Imprisonment	83.8%
Community Correction Order	16.2%

The data demonstrates a very high likelihood of a custodial sentence for this offence, reflecting its extreme seriousness and the significant harm inherent in exploiting a child in this way. Non-custodial outcomes are comparatively rare. In determining penalty, the court will consider the nature and extent of the conduct, the age of the child, prior history and any evidence of rehabilitation. Experienced legal representation is critical in matters carrying substantial custodial risk.

Contact an expert in charges of Involving Children in the Production of Child Abuse Material on (03) 9670 5111.
We provide a free first phone conference.
Download our free booklet to learn more about the Investigation and Court process.

Which court will the case be heard in?

This matter would be heard in the Supreme Court.

Examples of Involving a Child in the Production of Child Abuse Material

Police pull over a suspicious car and find that there is child that is unknown to the driver in the car. They also discover hidden cameras in the car.
A person films sexualised videos of their own children at the request of a person on an internet chat room.
A person is discovered to be grooming a child by concealing their identity. Police discover it through IP address identification. They execute a search warrant and discover home-made child abuse material.

Legislation: What is the legal definition of Involving a Child in the Production of Child Abuse Material?

This offence is governed by section 51B of the Crimes Act 1958:

Involving a Child in the Production of Child Abuse Material
A person (A) commits an offence if—
A intentionally involves another person (B) in the production of material; and
B is a child; and
A knows that B is, or probably is, a child; and
the material is child abuse material; and
A knows that the material is, or probably is, child abuse material.
A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
For the purposes of subsection (1), the ways in which A involves B in the production of material may include—
inviting or encouraging B to be involved, or offering B to be involved, in the production of the material; or
causing or allowing B to be involved in the production of the material; or
using B in the production of the material.¹

Elements of the offence

For this charge to be proven, the following elements must be clearly established before the court:

the accused intentionally involved a person in the production of a material
the person was a child
the accused knew that the person was, or probably was, a child
the material was a child abuse material
the accused knew that the material was, or probably was, a child abuse material

Failure to prove any of these elements will mean that the accused is not guilty of the charge.

Have you been accused of Involving a Child in the Production of Child Abuse Material?

Defences

Defences that are often run in relation to these charges are primarily factual and identification disputes, honest and reasonable mistake of belief, and also mental impairment. Other defences may also be considered depending on other circumstances surrounding the case.

Our client was charged with Possess and Make Child Pornography. He was accused of taking photos of his daughter while being bathed by his partner while they were going through a separation. On appeal in the County Court, our client was found not guilty as the Judge decided his partner had motive to lie and was not a credible witness.

Questions in cases like this

Would a reasonable person find the material offensive in the circumstances?
Was there a legitimate reason for engaging with a child, such as a project with artistic merit?
Was there a child involved and was it child abuse material?

Maximum penalty for section 51B of the Crimes Act 1958

If proven guilty, an accused may be sentenced to level 5 imprisonment (10 years maximum).

Sentencing

The offence of Involving a Child in the Production of Child Abuse Material is aggravated because it involves the exploitation of children. Accordingly, if you plead guilty to Involving a Child in the Production of Child Abuse Material, you will most likely receive a prison sentence. The aim of the Court is to stop people from using the internet to transmit content of children in sexually vulnerable positions Cooper v The Queen [2012] VSCA 32.

You can reduce your penalty by preparing for your plea well in advance of our plea hearing by:

Demonstrating genuine remorse,
Obtaining an expert report which explains the cause for your offending,
Undergoing offence specific treatment, or
Preparing properly considered plea submissions which explain your personal circumstances.

You want to be able to show the Court that you have implemented supports to make sure this offending does not occur again.

FAQ about Involving a Child in the Production of Child Abuse Material

What must the prosecution prove for involving a child in the production of child abuse material?

The prosecution must prove that the accused intentionally involved a person in producing material, that the person was a child, that the material was child abuse material, and that the accused knew or probably knew both that the person was a child and that the material was child abuse material.

What does “involving a child” mean under section 51B?

Involving a child includes inviting, encouraging, causing, allowing or using a child to take part in producing child abuse material. The offence captures active participation in the creation process and does not require the accused to be the person physically recording or creating the material.

What is considered “child abuse material” for this offence?

Child abuse material includes material that depicts or describes a child in a sexual or otherwise abusive or exploitative way. Whether material falls within this definition depends on its content and how it would be regarded by a reasonable person in the circumstances.

What mental state must be proven for this offence?

The offence requires proof of intention and knowledge. The accused must have intentionally involved the child and must have known, or probably known, that the person involved was a child and that the material being produced was child abuse material.

How is this offence different from possessing or distributing child abuse material?

This offence focuses on conduct connected to the creation of child abuse material by involving a child in the production process. It is distinct from offences that deal with possessing, accessing, or distributing material after it has already been made.

What issues are commonly examined in cases involving this offence?

Common issues include whether a child was involved, whether the material meets the legal definition of child abuse material, whether the accused intentionally participated in its production, and whether the required knowledge elements can be established.

_{[1] Australian legal Information Institute. “Crimes Act 1958 – Section 51B: Involving a Child in the Production of Child Abuse Material.” Austlii.edu.au. http://classic.austlii.edu.au/au/legis/vic/consol_act/ca195882/s51b.html (accessed June 18, 2020).}

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