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Children employed for pornographic purposes

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Contact Armstrong Legal:
Sydney: (02) 9261 4555

John Sutton

The maximum penalty for the charge of using a child for pornographic purposes (Section 91G of the Crimes Act) is 14 years imprisonment.

In NSW, a court can impose any of the following penalties for a using a child for pornographic purposes charge.

You'll find a brief description of each of these penalties at the bottom of this page.

District Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of child employed for pornographic purposes, if heard in the District Court, is likely to be imprisonment for a period of 2 ½ years.

For first time offenders the likely penalty is imprisonment for a period of 18 months.

Which court will hear your Children employed for pornographic purposes charge in NSW:

This matter is strictly indictable which means that it can only be finalised in the District Court.

What is the law part and the short description?

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence.  These references help the court and the legal profession to identify the exact offence you have been charged with.  The law part and short description for this offence are set out in the table below:

Law Part Short Description
73036
Use child under 14 years to make child abuse material-SI
56201
Procure child under 14 years for pornographic purposes-SI
56202
Consent to < 14 yrs old in care being used for pornography-SI
73037
Use child over 14 years to make child abuse material-SI
56204
Cause/procure child over 14 for pornographic purposes-SI
56205
Consent to over 14yrs in care to be used for pornography-SI

What the police must prove:

To convict you of a using a child for pornographic purposes charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You used a child, or caused or procured a child to be used, or had the care (but not necessarily entitled by law to have the custody) and consented to the child being employed;
  2. For pornographic purposes.

They will also need to prove that you were the person who committed the using a child for pornographic purposes offence.

Possible defences for Children employed for pornographic purposes

Possible defences to a using a child for pornographic purposes charge include but are not limited to:

Types of penalties:

Section 10 for a using a child for pornographic purposes charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.

Fines for a using a child for pornographic purposes charge: When deciding the amount of a fine for a using a child for pornographic purposes charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more. Good behaviour bond for a using a child for pornographic purposes charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Community service order for using a child for pornographic purposes charge. (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Suspended sentence for a using a child for pornographic purposes charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Periodic detention for a using a child for pornographic purposes charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010. Intensive correction order for a using a child for pornographic purposes charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Jail for a using a child for pornographic purposes charge: This is the most serious penalty for the charge of using a child for pornographic purposes and involves full time detention in a correctional facility. Read more.


where to next?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

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