Australian Federal Police - AFP
The Australian Federal Police (AFP) most commonly charge Commonwealth sexual offences involving children, the internet, telecommunications or overseas conduct.
Common charges are:
Child Abuse Material Offences - CAM
Which includes:
- Using a carriage service to access, transmit, distribute, solicit or make available child abuse material — s474.22 of the Criminal Code Act 1995 (Cth)
Maximum penalty: Imprisonment for 15 years. - Possessing or controlling child abuse material obtained or accessed using a carriage service — s474.22A of the Criminal Code Act 1995 (Cth)
Maximum penalty: Imprisonment for 15 years. - Producing, supplying, obtaining or controlling material intended for use through a carriage service — s474.23 of the Criminal Code Act 1995 (Cth)
Maximum penalty: Imprisonment for 15 years.
‘Carriage service’ ordinarily captures internet services, mobile phones, messaging applications, email, cloud storage and social-media platforms. The conduct may include viewing, downloading, copying, exchanging, sending or requesting material.
In practice, AFP prosecutions very often contain both an access or transmission charge and a separate possession or control charge, because material may have been accessed online and subsequently stored on a device or account.
Online Grooming of a Child under 16
Which includes:
Using a carriage service to groom a person under 16 — s474.27 of the Criminal Code Act 1995 (Cth)
Maximum penalty: Imprisonment for 15 years.Grooming another adult or intermediary to facilitate procuring a child — s474.27AA of the Criminal Code Act 1995 (Cth)
Maximum penalty: Imprisonment for 15 years.Preparing or planning to engage in sexual activity with, procure or harm a person under 16 — s474.25C of the Criminal Code Act 1995 (Cth)
Maximum penalty: Imprisonment for 10 years.
Note – An actual child need not ultimately be assaulted. These provisions are designed to permit intervention at the communications and preparation stage.
Procuring a Child for Sexual Activity
Which includes:
Using a carriage service to procure a person under 16 for sexual activity — s474.26 of the Criminal Code Act 1995 (Cth)
Maximum penalty: Imprisonment for 15 years.
‘Procuring’ is generally more advanced than grooming: the prosecution alleges that the accused intended to cause or induce the child to engage in sexual activity, rather than merely building trust or preparing the relationship.
Online Sexual Activity with a Child
Which includes:
Using a carriage service for sexual activity with a person under 16 — s474.25A of the Criminal Code Act 1995 (Cth)
Maximum penalty: Imprisonment for 20 years.The aggravated form under s474.25B of the Criminal Code Act 1995 (Cth)
Maximum penalty: Imprisonment for 30 years.
Causing a child to engage in sexual activity through livestreaming, webcam, video calls or other remote technology.
Note – The Commonwealth offence can apply even where the accused and child never meet physically.
Transmitting Indecent Communications to a Child
A frequently associated or alternative charge is:
Using a carriage service to transmit an indecent communication to a person under 16 — s474.27A of the Criminal Code Act 1995 (Cth)
Maximum penalty: Imprisonment for 10 years.
This may concern sexually explicit conversations, images, requests or other communications, even where the prosecution cannot establish all elements of grooming or procuring.
Child sexual offences committed overseas
The AFP investigates Australians and Australian permanent residents accused of:
Sexual intercourse with a child outside Australia — s272.8 of the Criminal Code Act 1995 (Cth)
Maximum penalty: Imprisonment for 25 years.Other sexual activity with a child outside Australia — s272.9 of the Criminal Code Act 1995 (Cth)
Maximum penalty: Imprisonment for 20 years.Persistent sexual abuse overseas — s272.11of the Criminal Code Act 1995 (Cth)
Maximum penalty: Imprisonment for 30 years.Procuring or grooming a child overseas — s272.14–272.15A of the Criminal Code Act 1995 (Cth)
Maximum penalty: Imprisonment for 15 years.Preparing or planning an overseas child-sex offence — s272.20 of the Criminal Code Act 1995 (Cth)
Maximum penalty: Imprisonment for 5 years.
These include ‘travelling child-sex offender’ cases and offending remotely directed from Australia, including paid livestreamed abuse.
The difference could be between imprisonment and your liberty.
For urgent help call Criminal Barrister Elizabeth McKinnon immediately.