What the law states
It is an offence to take part in the possession of child pornography under section 91H of the Crimes Act 1900 (NSW).
For the purposes of this offence, child pornography includes material that depicts or describes (or appears to depict or describe), a person who is or appears to be a child engaged in sexual activity, or in a sexual context or as the victim of torture, cruelty or physical abuse. Such material would ordinarily cause offence to a reasonable person.
Defences
It is a defence to the dissemination of child pornography if:
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the defendant did not know and could not reasonably be expected to have known that he or she disseminated child pornography
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the material concerned was classified under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, other than as refused classification (RC)
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having regard to the circumstances in which the material concerned was produced, used or intended to be used, the defendant was acting for a genuine child protection, scientific, medical, legal, artistic or other public benefit purpose and the defendant's conduct was reasonable for that purpose
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the defendant was a law enforcement officer acting in the course of his or her official duties
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the defendant was acting in the course of his or her official duties in connection with the classification of the material concerned under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth.
Penalties
The maximum penalty for a guilty conviction of possession of child pornography is 10 years imprisonment.
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.