s69 Procurement etc. of Minor for Child Pornography (Repealed 1 July 2017)

Have you been charged with Procurement etc. of Minor for Child Pornography?

***Please be aware this section has now been repealed, for a recent discussion on the latest charge of possess child pornography / child abuse material follow the link***

Have you been charged under the old section?

If the answer is yes, you will need to engage a law firm that specialises in criminal law.

A finding of guilt in relation to this serious charge can result in up to 10 years imprisonment. There are some questions to consider with your lawyer before telling a Court how you intend to plead.

Did you invite, cause or offer a minor to be involved in making or producing a film, photo, publication or computer game? Was the minor depicted in an indecent sexual manner or context? What was the classification of the film, publication or computer game?

Please read below for more information in relation to this charge.

The offence

Section 69 of the Crimes Act 1958

The prosecution must prove:

1. The defendant invited, caused or offered a minor to be in any way concerned in or procured a minor for the purpose of making or producing a film, photograph, publication or computer game;

2. The film, photograph, publication or computer game describes or depicts a person who is or appears to be a minor in an indecent sexual manner or context.

The maximum penalty

Level 5 imprisonment being a maximum of 10 years

Where will my case be heard?

Procurement etc. of Minor for Child Pornography cases can only be heard in the Magistrates’ Court of Victoria.

Questions to consider

Do you have a defence?

If you are pleading guilty, what can you do to minimise your sentence?

What to do next?

Consult an experienced sex offence criminal lawyer as a matter of priority. Preparation in relation to any criminal matter is critical. Don’t leave it too late.

If you have been charged with Procurement etc. of Minor for Child Pornography call us and arrange to see an experienced lawyer today.

The legislation

69 Procurement etc. of minor for child pornography

1. A person who—

(a) invites a minor to be in any way concerned in the making or production of child pornography; or

(b) procures a minor for the purpose of making or producing child pornography; or

(c) causes a minor to be in any way concerned in the making or production of child pornography; or

(d) offers a minor to be in any way concerned in the making or production of child pornography—

is guilty of an indictable offence punishable on conviction by level 5 imprisonment (10 years maximum).

(2) It is a defence to a prosecution for an offence against subsection (1) to prove, in the case of—

1. a film; or

2. a photograph contained in a publication; or

3.  a computer game—

that at the time of the alleged offence the film, publication or computer game would, if classified, be classified other than RC or X or X 18+.