Child Pornography, Child Abuse & Revenge Pornography

If you have been charged or the authorities want to question you regarding any child abuse material please urgently contact The Criminal Law Centre today on 02 9891 4200 or fill out an enquiry form here. Paul Wiggins is one of the states most senior criminal defence lawyer and is available to help you 24/7. With over 33 years of experience and over 4,000 court attendances, you’ll be in the right hands.

The law is covered by legislation from both the State of NSW and the Commonwealth of Australia. At times people are charged with both State and Commonwealth offences.

The Commonwealth offences include; using a postal service for child pornography or child abuse material, possessing, controlling, producing, supplying or obtaining child pornography or child abuse material for use through a postal or similar service, using a carriage service to access, transmit (or cause to be transmitted to him or her self), make available, publish, distribute, advertise, promote or solicit child pornography or child abuse material, possessing, controlling, producing, supplying or obtaining child pornography or child abuse material for the use by the person charged or under certain circumstances another person.

It is also an offence for an I.S.P. (or internet content host) who must (at law) be aware that a service they provide can be used to access material they believe, on reasonable grounds, is either child pornography or child abuse material AND to not advise the Australian Federal Police (i.e. the A.F.P.) of these details, is an offence under certain circumstances.

Importing or exporting child pornography or child abuse material is also an offence pursuant to the Commonwealth Customs Act of 1901.

The State offences include; using a child to produce child abuse material, producing child abuse material, disseminating child abuse material and, possessing child abuse material.

Under the relevant State Act, disseminate child abuse material, includes:

(a) send, supply, exhibit, transmit or communicate it to another person, or
(b) make it available for access by another person, or
(c) enter into any agreement or arrangement to do so.

Possess child abuse material includes:

(a) in relation to material in the form of data, being in possession or control of data

Produce child abuse material includes:

(a) film, photograph, print or otherwise make child abuse material, or
(b) alter or manipulate any image for the purpose of making child abuse material, or
(c) enter into any agreement or arrangement to do so.

In some instances, offences of this type can be finalised in the Local Court unless there has been an election by the prosecutor to finalise the matter in the District Court.
If the matter is finalised in the District Court, harsher penalties can be imposed than the penalties that can be imposed in the Local Court.
With both Commonwealth and State matters the Courts, generally adopt a scale to determine or categorise child abuse material. It varies from images (including still or moving pictures, animated images or cartoons) of children partly clothed, to children in sexually suggestive poses to being engaged in more serious or degrading activities.
NSW has “revenge” pornography, being sending sexually explicit images without consent currently before Parliament. It will be enacted in the near future.
Before you engage any criminal defence lawyer please note that these types of matters are serious in the extreme, and MUST be negotiated (where relevant and permissible at law) and ultimately resolved with great care that gives you the opportunity to utilise the wisdom and substantial experience only available to you by a very senior specialist criminal defence lawyer.

If you are charged or approached by any prosecuting authority please call us on (02) 9891 4200 or fill out an enquire form here to discuss how we can assist you. We’re here 24/7.

SPECIALISED CRIMINAL DEFENCE LAWYER
CALL NOW ON (02) 9891 4200