Distributing Child Abuse Material Charges in Melbourne, Victoria
Distributing child abuse material is a serious charge, if you have been charged with this offence, you need to speak to a competent and experienced criminal lawyer. ‘Distributing’ in this charge has such a wide interpretation that it is important to look at all the things that are regarded as ‘distributing’ with a lawyer.
‘Distributing’ in this charge can include publishing, exhibiting, communicating, sending, supplying or transmitting the material to any other person. It also includes just making the material available for any other person – like having a locked folder that another person can access.
In this case it doesn’t matter if anyone else ever accessed the material, or who they were or if the identity of the recipient of the material was ever discovered.
You don’t even have to have been in Victoria at the time of distribution as long as some of the material was allegedly distributed in Victoria. None of the material has to have been distributed in Victoria as long as you, yourself were in Victoria for some of the time that the material was allegedly distributed.
Have you been charged with distributing child abuse material?
If you have been charged with distributing child abuse material, then you need to speak to a competent and experienced criminal lawyer. ‘Distributing’ in this charge has such a wide interpretation that it is important to look at all the things that are regarded as ‘distributing’ with a lawyer.
‘Distributing’ in this charge can include publishing, exhibiting, communicating, sending, supplying or transmitting the material to any other person. It also includes just making the material available for any other person – like having a locked folder that another person can access.
In this case it doesn’t matter if anyone else ever accessed the material, or who they were or if the identity of the recipient of the material was ever discovered.
You don’t even have to have been in Victoria at the time of distribution as long as some of the material was allegedly distributed in Victoria. None of the material has to have been distributed in Victoria as long as you, yourself were in Victoria for some of the time that the material was allegedly distributed.
Your lawyer may ask you if you committed the alleged offence as in good faith as part of your work related to criminal justice. Your lawyer will want to know if the material in question is part of a publication, film or computer game that has not been classified RC (Restricted Content). Perhaps you are a child and have taken a selfie, what have you done with that image? Did you take a photo of yourself as a child being abused?
The law provides defences to this charge, and your lawyer will want to know if the material in question was produced for artistic reasons or for a public benefit – for example to educate students in what child abuse images look like, or a photo of a hurt child for a news story. Perhaps you were not more than two years older than the alleged victim child and the act depicted was consensual. Was consent involved? Were you ever in a position of care, supervision or authority over a child aged 16 or 17 who is the alleged victim? Perhaps you were married to the alleged victim or in a domestic relationship or thought you were married or in a domestic relationship with them. These are important points to raise with your lawyer.
What is not a defence is your opinion of whether or not the material produced was offensive to the reasonable person.
The Offence
The prosecution must prove:
- The defendant intentionally distributed material; and
- The material is child abuse material; and
- The defendant knows that the material is or probably is child abuse material.
The Maximum Penalty
Level 5 imprisonment being a maximum of 10 years.
Where Will My Case Be Heard?
Distributing child abuse material cases can only be heard in the County Court or Supreme Court of Victoria.
Questions to Consider
Do you have a defence in relation to the defences above? Did you distribute any child abuse material at all? If you are planning to plead guilty, what can you do to try to minimise your sentence?
What to do Next?
Right now you need to speak to a sex offence lawyer. This charge is has so many applications to different circumstances that it is crucial to speak to a lawyer about your particular circumstances to see how the law applies to your situation.
If you have been charged with distributing child abuse material, then you should call us right away to make an appointment. 03 8644 7320
The Legislation
Distributing child abuse material
(1) A person (A) commits an offence if—
(a) A intentionally distributes material; and
(b) the material is child abuse material; and
(c) A knows that the material is, or probably is, child abuse material.
(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
(3) It is not necessary to prove—
(a) the identity of any person to whom the material was distributed; or
(b) that another person in fact accessed the material.
(4) It is immaterial that some or all of the child abuse material was distributed outside Victoria, so long as A was in Victoria at some or all of the time at which the material was distributed.
(5) It is immaterial that A was outside Victoria at some or all of time at which the material was distributed, so long as some or all of the material was distributed in Victoria.
Notes
1 Section 51A(2)(b) provides for the ways in which material may be distributed.
2 Exceptions apply to this offence—see sections 51J, 51K and 51M.
3 Defences apply to this offence—see sections 51L, 51P, 51Q and 51R.
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.
