Making Child Exploitation Material

The court may impose the following penalties for this charge:

• Imprisonment
• Intensive Corrections Order
• Probation
• Community Service Orders (CSO)
• Recognisance
• Fines
• Section 19 order

The Offence of Making Child Exploitation Material:

The offence of Making Child Exploitation Material is contained in section 228B of the Queensland Criminal Code which states:

A person who makes child exploitation material commits a crime.

In this section –

• make child exploitation material includes –
  • produce child exploitation material; and
  • attempt to make child exploitation material.

Maximum penalty— 14 years imprisonment.

What Actions Might Constitute Making Child Exploitation Material?

• Taking a photo of your 15 year old girlfriend’s breasts using your iPhone.
• Video recording a naked 10 year old showering.
• Making a sex scene for a movie involving a young child and an adult.

What the Police Must Prove:

To be convicted of Making Child Exploitation Material, the Police must prove the following:

• The material was classified as Child Exploitation Material;
• You were the person that made the material;
• You knowingly made the material.

Possible Defences:

Possible defences to Making Child Exploitation Material include, but are not limited to:

• Identity – you were not the person who made the material
• Knowledge – you were not aware you made the material
• The material is not classified as Child Exploitation Material.

Which Court Will Hear Your Matter?

Making Child Exploitation Material will be heard and determined in the District Court.

Types of Penalties:

Imprisonment : Even though it is not a sentence of last resort (as it is in some other states) imprisonment is the most serious penalty which a court can impose upon a person. At its most severe a sentence of imprisonment means that a person must spend a specified period of time within a correctional facility, also called a prison, a jail or a gaol. Read more.

Intensive corrections order (ICO): An Intensive Corrections Order (‘ICO’ for short) is, technically, a form of imprisonment but which is served wholly in the community. This means that a person who is made subject to an ICO will not spend any time in prison but will, instead, be required to adhere to a number of requirements that the court will order. Read more.

Probation: A court can make a Probation Order either by itself, meaning the whole of the sentence is probation, or as a component of a sentence of imprisonment, meaning that a person is ordered to serve a period of time (not longer than 1 year) in prison and is then subject to a probation requirement upon release. Read more.

Community service order(CSO): As the name implies, a Community Service Order (‘CSO’ for short) is an order which requires a person to perform unpaid work, normally at some kind of community facility, for a stated number of hours (to a maximum of 240) within a nominated time (usually 6 or 12 months). Read More.

Recognisance: A recognisance is a promise which a person makes to be of good behaviour for a stated period of time. A court is empowered to release a person who enters into a recognisance, either with a surety, which is a sum of money which the person agrees to pay if they breach the recognisance, or without one. Read More.

Fines: A court is empowered to impose a fine, which is a sum of money which a person is required to pay to the State, for any offence regardless of whether the law creating it nominates a fine as part of the applicable penalty. Read More.

Section 19 dismissal: A court can discharge a person absolutely, or upon them entering into a recognisance, without recording a conviction against them, if it is satisfied that it is appropriate to do so. Read More.

In all cases where you are sentenced to a penalty other than jail, the Court can choose not to record a conviction against you, meaning your criminal record will remain clear and any complications with work or travel may be avoided.