The Crimes Act proscribes a variety of underage sex based offences including behaviour relating to child prostitution and child pornography. These are very serious offences and if you are convicted for such an offence, severe penalties including lengthy terms of imprisonment can be imposed.
Accordingly if you are charged with any of the offences below, you should strongly consider obtaining legal advice.
Our criminal lawyers can assist you if you have been charged or are under police investigation for a child prostitution or child pornography offence. Feel free to contact our criminal law team on (02) 9521 2222 if you have any questions.
Promoting or engaging in child prostitution
It is an offence if a person promotes, causes a child to take part in or takes part themself in child prostitution. Child prostitution includes a sexually based act that is provided by a child for the payment of money or the provision of any other material thing for the sexual arousal or gratification of persons other than the child. It does not matter whether the money or thing was paid to the child.
It is also important to note that a ‘child’ is defined as anyone under the age of 18 and not 16, which is the age at which a person may consent to engage in sexual activity.
The maximum penalty for this offence is 10 years imprisonment where the child is over 14 and 14 years where the child is under the age of 14. If you have been charged with this offence, due to the severity of the sentence that may imposed upon conviction, you should consider seeking legal advice. Contact us on (02) 9521 2222.
Using a child for pornographic purposes
It is an offence if a person uses, procures or consents to a child being used for pornographic purposes. A child is used for a pornographic purpose if the child is engaging in a sexual activity, placed in a sexual context or being subjected to torture, cruelty or abuse.
It is also important to note that a ‘child’ is defined as anyone under the age of 16, which is the age at which a person may consent to engage in sexual activity.
Depending on the age of the child, the maximum penalty for this offence is up to 14 years imprisonment.
Production, dissemination and possession of child pornography
This offence is drafted very broadly and encompasses a large variety of actions.
A person who disseminates (sends, supplies, exhibits, transmits or communicates it to another person, or makes it available for access by another person), produces (films, photographs, prints or otherwise makes child pornography, or alter or manipulates any image for the purpose of making child pornography) or possesses child pornography is guilty of an offence.
An important issue is that the offence does not just include pornography involving a child, but also pornography that involves a person who appears to be a child. Should an image be altered to make the person involved appear to be a child, the person who alters the image may be guilty of an offence.
There are a wide variety of defences available to this offence and these are described as follows:
- That the defendant did not know that he or she produced, disseminated or possessed child pornography.
- That the material concerned was classified other than ‘refused’ under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth.
- The defendant was acting reasonably for a genuine child protection, scientific, medical, legal, artistic or other public benefit purpose.
- That the defendant was a law enforcement officer acting in the course of their official duties, or a person acting in connection with the classification of the material concerned under the Classification (Publications, Films and Computer Games) Act 1995.
- The material concerned came into the defendant’s possession unsolicited and the defendant, as soon as he or she became aware of its pornographic nature, took reasonable steps to get rid of it.
The maximum penalty for these offences is 10 years imprisonment. If you have been charged, you should consider seeking legal advice. Contact us on (02) 9521 2222.
How can Prime Lawyers help you?
If you have been charged with one of these offences or are under police investigation, we understand the strong implications that may result against you. Not only can your reputation be tarnished but your freedom is at stake. We will fight vigorously to protect your freedom. You may have a defence to a charge and we will advise you upon this.
Contact our criminal lawyers on (
02) 9521 2222. You can also
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