Children employed for pornographic purposes

In New South Wales you can be charged with a criminal offence if you employ or use a child for the purpose of making child pornography. This offence is known as “Children not to be used for production of child abuse material.”

The maximum penalty for the offence is 14 years imprisonment if the child is below the age of 14.

The Offence of Children Employed for Pornographic Purposes

The offence of employing a child for pornographic purposes is prosecuted under in section 91G Crimes Act 1900 which states that any person who:

• Uses a child who is under the age of 14 years for the production of child abuse material, or
• Causes or procures a child of that age to be so used, or
• Having the care of a child of that age consents to the child being so used or allows the child to be so used,

is guilty of an offence.

Maximum penalty: imprisonment for 14 years.

What Actions Might Constitute the Offence of Employing Children for Pornographic Purposes?

Examples of Children employed for pornographic purposes include:

• Paying a 13-year-old to take photographs of themselves in their underwear posing in a sexual manner;
• Paying another person to obtain a young child for the purpose of photographing that child being subjected to sexual acts; or
• Allowing another person to give your 10-year-old child video games, money or other items in exchange for performing sexual acts on camera.

What the Police Must Prove

To convict you of Children employed for pornographic purposes the prosecution must prove each of the following matters beyond a reasonable doubt:

• That you used a child, procured a child or allowed a child under your care to be used;
• That you produced child abuse material with that child;
• That the child was under 14 years of age;
• That you had no lawful excuse for your actions.

Defences

The common ways to defend this charge are:

• To argue that the child was not under 14 years of age;
• To argue that you did not use, procure or cause the child to be procured or have the child under your authority;
• To argue that you did not produce child pornography; or

Which Court Will Hear Your Matter?

The charge is a strictly indictable offence which means that the matter must be finalised in the District Court.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.