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Production of Child Pornography

Have you been accused of the Production of Child Pornography? This is a serious offence which can lead to a prison sentence if not handled properly. These investigations normally begin with the Police knocking on your door with a search warrant wanting to look at your computer and other devices.

Production of Child Pornography is a serious charge which can be made out in simple ways such as by printing a pornographic image or by copying it from one disk to another.

Police interviews
Please call us before the interview if the Police want to speak with you about an allegation that you produced child pornography.

Our lawyers can also attend the Police station with you and sit in on a Police interview to make sure that you are assisted and supported.

Pleading not guilty
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. There are also often issues around peer sharing and streaming of images.

As with all Child Pornography charges, it appears to become 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 behaviour generally does not refer to the 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 of Child Pornography charges.

Pleading guilty
We can also help you in a plea of guilty to Production of Child Abuse Material.

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 that we know will give us a good detailed report.

There are always interesting details about people’s lives which help a Magistrate or Judge to impose a better punishment. We are experienced with these sorts of matters and know what works in Court. We work closely with our clients in developing a plan for the plea hearing. The more time you give yourself to prepare your plea, the better. It will undoubtedly be the most important Court appearance of your life and you do not want to leave things to chance.
 
  • Contact an expert in charges of 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.
In a case of Production of Child Pornography, the following defences may be applicable to the charge:

 
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)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment
 
The legislation for this offence can be found on section 51C of Crimes Act 1958:

Producing child abuse material
  1. A person (A) commits an offence if—
    1. A intentionally produces material; and
    2. the material is child abuse material; and
    3. A knows that the material is, or probably is, child abuse material.
  2. A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
  3. For the purposes of subsection (1), the ways in which material is produced may include—
    1. filming, printing, photographing, recording, writing, drawing or otherwise generating material; or
    2. altering or manipulating material; or
    3. reproducing or copying material.1

[1] Australian legal Information Institute. “Crimes Act 1958 – Section 51C: Producing child abuse material.” Austlii.edu.au. http://classic.austlii.edu.au/au/legis/vic/consol_act/ca195882/s51c.html (accessed June 22, 2020).
 
Sentencing in the higher courts
Sentencing Statistics Pie Chart for Make or Produce Child Pornography in the Higher Courts You may visit this page to view sentencing decisions by Victorian County Courts for Child Pornography and Grooming offences.

Sentencing in the Magistrates’ Courts
Sentencing Statistics Pie Chart for Make or Produce Child Pornography in the Magistrates' Courts