What the law states
Section 91G of the Crimes Act 1900 states that any person who uses a child for pornographic purposes or cause or procures a child of that age to be so used or having the care of a child of that age, consents to the child being so used or allows the child to be so used is guilty of an offence.
For the purposes of this offence, the Crimes Act 1900 (NSW) describes a child as a person under the age of 16 years and material as including any film, printed matter, electronic data or any other thing of any kind. Using a child for pornographic purposes includes:
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placing a child in a sexual context
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when a child is engaged in sexual activity
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when a child is subjected to torture, cruelty or physical abuse
for the purposes of the production of pornographic material by that person.
Defences
Defences to this offence include but are not limited to duress.
Penalties
Where this offence is committed with a child under 14 years a maximum penalty of 14 years imprisonment is incurred. Where a child is used for this offence and is above the age of 14 years, the maximum penalty is 10 years.
Although this offence attracts heavy maximum penalties, lesser penalties are always an option that the court may consider (such as good behaviour bonds, community service orders, suspended sentences or weekend detention). In the event that you plead or are found guilty, there may be factors that make it possible for the court to sentence you to a lesser penalty and our criminal lawyers are experienced at drawing this to the attention of the court.
How can Prime Lawyers help you?
If you have been charged with this offence, our experienced and knowledgeable criminal lawyers can help you. They will carefully examine the facts of you case and do all that they can to obtain the best result for you.