Child Abuse Material (Formally known as 'Child Pornography') Lawyer Melbourne

Under the Crimes Act 1958, it is an offence to produce, distribute, possess, or access child abuse material, previously known as child pornography. Child abuse material is defined as any material that depicts a person who is, or appears to be, under the age of 18 years, engaged in sexual activity or depicted in an indecent sexual manner or context. This includes images, videos, and other forms of media. Child abuse material can even be in the form of words, illustrations, or cartoons. Offences involving child abuse material are dealt with very seriously by the Courts. The maximum penalty for these offences is 10 years’ imprisonment.

It is also an offence in Victoria to assist a person to avoid apprehension in relation to offending involving child abuse material. For example, providing information to someone about how to use a website to deal with child abuse material anonymously or how to encrypt electronic material containing child abuse material. Another example is providing information to someone about how to delete electronic material that records information about that person’s identity. The maximum penalty for this offence is 10 years’ imprisonment.

Commonwealth law also applies in Victoria. Commonwealth law relating to child abuse material is contained in the Criminal Code Act 1995. Under this Act, it is also an offence to use the internet or other electronic means to transmit or publish child pornography. The maximum penalty for this offence is 15 years’ imprisonment.

There are defences in both Victorian and Commonwealth law to charges involving child abuse material, however the defences are very limited. It is important to note that it is not a defence to claim that you did not know the age of the person depicted in the material. Further, ignorance of the law, is not a defence to crimes relating to child abuse material. If you are charged with any offence relating to child abuse material, call Elizabeth McKinnon and she can discuss the potential defences available to you.

Offending relating to child abuse material is taken very seriously by the Courts in Australia. If you have been charged with this kind of offending, do not wait to contact Elizabeth for advice. The consequences of a criminal record can change your life. It is critical that you engage an expert in criminal law, particularly an expert in sex cases.

If you have been charged with the offence of Sexual Assault, it is important that you contact Elizabeth as soon as possible to receive legal advice and representation.

The consequences of a criminal record can change your life. It is critical that you engage an expert in criminal law.

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