Have you received a charge sheet from the police?

What are child pornography offences?

Charges relating to child exploitation material (child pornography) are a serious offence in Queensland.

Child exploitation material is defined by the Criminal Code as material that, in a way likely to cause offence to a reasonable adult, describes or depicts a person, or a representation of a person, who is, or apparently is, a child under 16 years:

• In a sexual context, including for example, engaging in a sexual activity; or

• In an offensive or demeaning context; or

• Being subjected to abuse, cruelty or torture

Offences of this nature include:

• Making child exploitation material

• Distributing child exploitation material

• Possessing child exploitation material

• Administering child exploitation material website

• Encouraging use of child exploitation material website

• Distributing information about avoiding detection

While making child abuse material is likely to have a different maximum penalty to someone charged with accessing or possessing child pornography, these are all crimes which will be treated seriously in courts.

What if you’ve been charged with a child pornography offence?

Child pornography charges are deemed very serious matters. It is crucial to seek legal advice or representation from a criminal lawyer if you have received such charges for producing or possessing child abuse material. 

It is an offence if you:

• Possess child abuse material 

• Produce child abuse material 

• Access child abuse material

Penalties are serious, and usually involve a term of imprisonment and a conviction being recorded. In addition, there are usually employment, travel, and social consequences. This also includes being placed on the Child Protection Offender Register. This is not a public register. It is a database accessible by the police to track persons having been convicted of these offences. The time period a person remains on the register depends on the type and number of offences.

Our expert lawyers will help determine whether you have a reasonable defence to the charge. 

Possible defences available under the Crimes Act, include but are not limited to the following:

• The conduct is for a genuine artistic, educational, legal, medical, scientific or public benefit purpose; and the person’s conduct was, in the circumstances, reasonable for that purpose. For example, a current affairs television program showing children being tortured during a civil war

• The material was subject to a conditional cultural exemption in relation to a relevant showing; and the person engaged in the conduct that is alleged to constitute the offence for the purpose of the relevant showing

• The material is a computer game, film or publication that is classified as something other than RC

• If you possessed child abuse material with a lack of intent

• You are a law enforcement officer acting within your duties

• You were conducting research which was approved

We have significant experience in representing clients charged with these offences. We have successfully defended these charges at hearing, including an argument that our client did not possess the images, in circumstances where the images were found on hardware, in a property our client was renting.

The penalty for these charges depends on many factors including the number and category of images and videos, the circumstances they were acquired in, and your personal background including any mental health history, and previous convictions. The penalty usually involves an actual term of imprisonment, but we have successfully argued lesser penalties in particular cases. 

If you are guilty and require legal guidance while facing your child exploitation material charge, our lawyers are also here to help you. Contact us today to receive confidential advice or legal representation that you can trust.