Legal penalty for possession of child abuse material?

In Victoria, the penalties for possession of child abuse material (often referred to as child pornography material) can vary depending on the severity of the offense. If the material is classified as “child exploitation material,” which includes images and videos of children being sexually abused, the penalties can be quite severe.

First offence of possession of child abuse material

For a first offense of possession of child exploitation material, the maximum penalty is 10 years imprisonment. For subsequent offenses, the maximum penalty is 14 years imprisonment.

In addition to imprisonment, other penalties can include fines, community correction orders, and sex offender registration. It is important to note that these penalties are subject to change and can be influenced by various factors, such as the defendant’s criminal history, the existence of mitigating factors and the circumstances of the offence.

What are the elements of the offence of possession of child abuse material?

In Victoria, the elements of the offence of possession of child abuse material are:

The accused had possession or control of material;
The material was pornographic or prohibited child abuse material;
The accused knew or believed that the material was pornographic or prohibited child abuse material;
The material depicted a person who appeared to be under 18 years of age; and
The accused knew or believed that the person depicted was under 18 years of age.

If all these elements are proven beyond reasonable doubt, the accused may be found guilty of the offence of possession of child abuse material.

What are the related commonwealth offences?

The Commonwealth Criminal Code Act 1995 contains several related offences in relation to child abuse material, including:

Production, dissemination or possession of child pornography material outside Australia (Section 474.24)
Using a carriage service to access child pornography material (Section 474.19)
Possessing, controlling or producing child abuse material (Section 474.22)
Using a carriage service for child pornography material or child abuse material (Section 474.25)
Possessing, controlling or producing child abuse material, with the intention of providing it to someone outside Australia (Section 474.24A)
Possession of child abuse material with the intention of committing a sexual offence (Section 474.23)

It is important to note that these offences are Commonwealth offences and are different from state and territory offences.

What are the penalties associated with the commonwealth offences?

Under Commonwealth law, the penalties for possessing child abuse material can vary depending on the specific offence committed. Some of the relevant Commonwealth offences include:

Possessing child abuse material: The maximum penalty for this offence is 15 years imprisonment.
Using a carriage service to access child pornography: The maximum penalty for this offence is 15 years imprisonment.
Transmitting, making available, publishing or distributing child pornography: The maximum penalty for this offence is 15 years imprisonment.
Importing or exporting child pornography: The maximum penalty for this offence is 15 years imprisonment.
Possessing or controlling child pornography with intent to distribute: The maximum penalty for this offence is 10 years imprisonment.

It’s important to note that these are maximum penalties and the actual penalty will depend on the specific circumstances of the case, including the severity of the offence, the defendant’s criminal history, and any mitigating or aggravating factors. Mandatory registration on the sex offender registry can follow.

Sex Offender Registration

There is a national regime of registration for sex offenders implemented under the Sex Offenders Registration Act 2004. This registration applies to offenders who have been found of guilty of a requisite number of offences. Not all sex offences involving adult victims require registration, but those that involve offences against children do. Depending on the charges, the length of registration required can be 8 years, 15 years or life.

Anyone who is facing these types of charges needs to get legal advice as soon as possible.