Encouraging The Use Of A Website Used To Deal With Child Abuse Material in Melbourne, Victoria
Encouraging the use of a website used to deal with child abuse material is a very serious charge and carries a long maximum custodial sentence. If you have been charged with encouraging the use of a website used to deal with child abuse material then you need to make sure that you make an appointment with a specialist criminal defence lawyer.
Have you been charged with encouraging the use of a website used to deal with child abuse material?
Some questions to discuss with your lawyer are: did you encourage another person to use a website to deal with child abuse material? The person who you allegedly encouraged does not have to have acted on your alleged encouragement.
Did you try to encourage someone but not manage to get through to them, like an email that did not send or a text message that was not received? An attempt to encourage another person to use a website to deal with child abuse material that was not successful should be addressed with your lawyer, as that may not constitute a criminal act.
An honest and reasonable but mistaken belief that certain material that you encouraged another to access on a website was was not child abuse material is not a defence.
If you encouraged another person to use a website used to deal with child abuse in good faith in the course of your employment or official duties you need to explore this with your lawyer. There may be a legal exemption to this charge available depending on your circumstance.
If the alleged child abuse material in question was, in fact, not classified RC (Restricted Content) or would not be classified as such then the law allows an exception for this also.
A defence to this charge is possible when the alleged child abuse material was dealt with for artistic merit or public benefit – for example images for educational purposes to illustrate child abuse. Again, any situations like this will need to be raised wth your lawyer.
It is not necessary to prove the identity of the person using the child abuse material. It also does not matter if the person you allegedly encouraged dealt with child abuse material because of your encouragement.
In order to prosecute the charge under Victorian law, either some of the offending content had to be in Victoria or the person being allegedly encouraged had to be in Victoria
The Offence
Section 51F the Crimes Act 1958
The prosecution must prove:
- That the defendant was 18 years of age or more at the time of the offending; and
- That the defendant encouraged another person to use a website; and
- That the defendant intends the other person to use the website to deal with child abuse material.
The Maximum Penalty
Level 5 imprisonment being a maximum of 10 years.
Where Will My Case Be Heard?
Encouraging the use of a website used to deal with child abuse material cases can only be heard in the County Court or Supreme court of Victoria.
Questions To Consider
Do you have a situation with similar circumstances to those outlined above? If you are planning to plead guilty, what can you do to minimise your sentence?
What to do Next?
Right now you should immediately contact a lawyer. This is a serious situation and you need time to organise your offence.
If you have been charged with with encouraging the use of a website used to deal with child abuse material you should hire a professional who can be your voice when it counts. Call us today for expert advice 03 8644 7320
The Legislation
Section 51F Encouraging use of a website to deal with child abuse material
(1) A person (A) commits an offence if—
(a) A is 18 years of age or more; and
(b) A encourages another person to use a website; and
(c) A intends that the other person use the website to deal with child abuse material.
(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
(3) In determining whether A has encouraged another person to use a website to deal with child abuse material, it is not necessary to prove—
(a) the identity of the person encouraged to use the website to deal with child abuse material; or
(b) that another person in fact used the website to deal with child abuse material; or
(c) if another person did in fact use the website to deal with child abuse material, that it was A’s encouragement that caused the person to do so.
(4) Despite anything to the contrary in Division 12, it is not an offence for a person to attempt to commit an offence against subsection (1).
(5) It is immaterial that some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria, so long as the person being encouraged was in Victoria at the time at which that conduct occurred.
(6) It is immaterial that the person being encouraged was outside Victoria at the time the conduct constituting an offence against subsection (1) occurred, so long as some or all of that conduct occurred in Victoria.
Notes
1 If an adult uses a child as an innocent agent to encourage another person to use a website, intending that the other person use the website to deal with child abuse material, the adult commits an offence against subsection (1).
2 Exceptions apply to this offence—see sections 51J and 51K.
3 A defence applies to this offence—see section 51L.
4 A mistaken but honest and reasonable belief that reasonable persons would not regard the child abuse material as offensive is not a defence to this offence—see section 51U.
