Production of Child Pornography
The 2016 amendments renamed this offence to ‘Producing child abuse material’. It applies to anyone who intentionally produces child abuse material either via filming, printing, photographing, recording, writing, drawing or otherwise generating material; or altering or manipulating material; or reproducing or copying material.
As with all child pornography charges it appears to becoming more frequent as people’s access to pornography via the internet increases. This charge is almost always seen in combination with possession of child pornography charges.
This is behaviour which generally is not creation of films themselves. It is often the duplication of them on home computers and so the Courts often deal with them in a similar way to possession charges.
Most people charged with offences such as this have never been before a Court previously and are employed and lead otherwise good lives. It is important, if pleading guilty, to provide the Court, a report from a forensic psychologist.
Defences to this charge generally relate to who had access to the computer and whether the Prosecution can prove beyond reasonable doubt that you were the person who produced the material
This offence can be heard in the Magistrates Court or County Court and that depends on the volume and categorisation of the images.
Talk to a specialist criminal lawyer before deciding how you will proceed with your matter. It is best to do that before the Police interview if at all possible
The section that covers this offence is section 51C of the Crimes Act.
- Honest and Reasonable Mistake of Belief as to age
- Factual Dispute and Concept of Beyond Reasonable Doubt
What penalties can be imposed for a charge of Production of child pornography?
- Without Conviction Order
- Adjournment of the Charges on Undertaking (Good Behaviour Bond)
- Community Corrections Order
- Suspended Prison Sentence
- Term of Imprisonment