Procuring a Minor for Child Pornography

At law, what is often referred to as child pornography is known as child exploitation material. In Victoria, the offence of procuring a minor for child exploitation material carries a maximum penalty of 10 years imprisonment.

The Offence of Procuring a Minor for Child exploitation material

The offence is contained in section 69 of the Crimes Act which states:

A person who:

1. invites a minor to be in any way concerned in the making or production of child pornography; or
2. procures a minor for the purpose of making or producing child pornography; or
3. causes a minor to be in any way concerned in the making or production of child pornography; or
4. offers a minor to be in any way concerned in the making or production of child pornography—

is guilty of an indictable offence.

What is ‘Child exploitation material’?

Child exploitation material is defined by section 67A of the Crimes Act as a film, photograph, publication or computer game that describes or depicts a person who is, or appears to be, a minor engaging in sexual activity or depicted in an indecent sexual manner or context.

What the Police Must Prove

To find a person guilty of procuring a minor for child exploitation material, the prosecution must prove each of the following matters beyond a reasonable doubt:

• They invited, caused or offered a minor to be in any way concerned in the making of a film, publication or computer game, or procured a minor for that purpose
• The material describes or depicts a person who is (or appears to be) a minor engaging in sexual activity or in an indecent manner
• They did so intentionally

Possible Defences for Producing Child exploitation material

Possible defences to a producing child exploitation material include:

• The material was or would have a classification other than X or X 18+, and has not been refused classification (RC)
• The accused is a minor and the material is an image is of you alone and does not depict an act that is a criminal offence punishable by imprisonment.

There is a range of other defences available to minors who are charged with child pornography offences, as long as the material is an image and it does not depict a criminal act that is punishable by imprisonment.

What Court will Hear this Matter?

The matter is an indictable offence meaning it is usually heard in the County or Supreme Court, however it can be heard summarily in the Magistrates’ Court.

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