This article was written by Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

Producing Child Pornography


In Victoria, producing child pornography carries a maximum penalty of 10 years imprisonment.

The Offence of Producing Child Pornography

The offence of Producing Child Pornography is contained in section 68 of the Crimes Act which states:

A person who prints or otherwise makes or produces child pornography is guilty of an indictable offence.

What is ‘Child Pornography’?

Child pornography 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 you guilty of Producing Child Pornography, the prosecution must prove each of the following matters beyond a reasonable doubt:

  • A film, photograph, publication or computer game exists
  • That describes or depicts a person who is (or appears to be) a minor engaging in sexual activity or in an indecent manner
  • The material is or would have been classified X or X 18+, or has or would have been refused classification (RC)
  • You printed or otherwise made or produced the material
  • You did so intentionally

Possible Defences for Producing Child Pornography

Possible defences to a Producing Child Pornography charge include but are not limited to:

  • The material was or would have a classification other than X or X 18+, and has not been refused classification (RC)
  • You are 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 are 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. Please contact one of our lawyers for further information.

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.

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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