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Children employed for pornographic purposes

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Contact Armstrong Legal:
Sydney: (02) 9261 4555

John Sutton

In NSW 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.

In NSW, a court can impose any of the following penalties for this charge.

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

THE OFFENCE OF CHILDREN EMPLOYED FOR PORNOGRAPHIC PURPOSES:

The offence of Children employed for pornographic purposes is prosecuted under in section 91G Crimes Act 1900 which states:

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 CHILDREN EMPLOYED FOR PORNOGRAPHIC PURPOSES?

Examples of Children employed for pornographic purposes include:

  • Paying a 13 year old to take photographs in their underwear posing in a sexual manner;
  • Paying another person to obtain a young child for the purpose of taking photographs of 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 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.

POSSIBLE DEFENCES FOR CHILDREN EMPLOYED FOR PORNOGRAPHIC PURPOSES:

The common ways to defend this charge are:

  • To maintain your innocence if you did not commit the act;
  • To argue that the person was not under or of 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
  • To raise necessity or duress as the reason for your conduct.

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.



Types of penalties:

Jail: This is the most serious penalty and involves full time detention in a correctional facility. Read more.

Home Detention: As a result of amended legislation this penalty was repealed on 24 September 2018 as a standalone order but may be imposed as a condition of an Intensive Corrections Order (ICO). Home detention is an alternative to full-time imprisonment. In effect the gaol sentence is served at your address rather than in a gaol. If you receive a sentence of home detention you will be strictly supervised and subject to electronic monitoring. Read more.

Intensive Corrections Order (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.

Suspended Sentence: As a result of amended legislation this penalty was repealed on 24 September 2018. 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.

Community Service Order (CSO): As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). 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.

Good Behaviour Bond: As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). 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 Corrections Orders (CCO): A CCO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the Community Corrections Orders (CCO). Additional conditions may be imposed at the discretion of the court, both at the time of sentence and subsequently upon application by a community corrections officer, juvenile justice officer or the offender. Read more.

Fines: When deciding the amount of a fine the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Section 10A: A section 10A is a conviction, with no other penalty attached to it. Read more.

Conditional Release Order (CRO): A CRO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the CRO. Read more.

Section 10 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.



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.

Why Choose Armstrong Legal?

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