Have you been charged with Production of Child Pornography?
This offence carries a maximum penalty of 10 years in prison, so it is vital that you engage the services of an expert in criminal law as soon as possible.
***Please be aware this section has now been repealed and the correct and current law exists under section s51C of the Crimes Act 1958.***
The new section was introduced by the Crimes Amendment (Sexual Offences) Act 2016 (No. 47 of 2016) and came into operation on 1 July 2017.
This means that where the offence date predates 1 July 2017, the prosecution must proceed under the old section. The old section is s69 of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.
There are a number of things to consider if you have been charged with the old offence.
Can the prosecution make out their case? Did you intentionally produce a film, photograph, publication or computer game that describes or depicts a minor engaged in sexual activity? Was the minor portrayed in an indecent sexual manner or context? Did the person appear to be a minor, even though they were not?
The viewing of images from the internet constitutes production, and not merely possession, of the photograph or publication. Therefore, contravention of the section can be inadvertent.
These are the type of issues that need to be considered prior to telling the Court how you intend to plead.
Please read below for more information in relation to this charge.
Production of Child Pornography The offence
Section 68 of the Crimes Act 1958.
The prosecution must prove:
The existence of a film, photograph, publication or computer game
That film, photograph or computer game describes or depicts a person who is, or appears to be, a minor engaged in sexual activity or depicted in an indecent sexual manner or context
The accused printed, or otherwise made or produced the film, photograph, publication or computer game in question
The action of the accused in so printing, making or producing the film, photograph, publication or computer game was deliberate and intentional.
Production of Child Pornography – The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Production of 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?
See a specialist criminal lawyer urgently. Preparation in relation to any matter is critical. Do not delay in obtaining legal advice.
If you have been charged with Production of Child Pornography call us, and arrange to see an experienced lawyer today.
The legislation
Section 68 Production of child pornography
(1) A person who prints or otherwise makes or produces child pornography is guilty of an indictable offence punishable on conviction by level 5 imprisonment (10 years maximum).
(1A) It is a defence to a prosecution for an offence against subsection (1) to prove, in the case of—
(a) a film; or
(b) a photograph contained in a publication; or
(c) a computer game—
that at the time of the alleged offence the film, publication or computer game was classified other than RC or X or X 18+ or would, if classified, be classified other than RC or X or X 18+.
(2) Nothing in subsection (1) makes it an offence for—
(a) any member or officer of a law enforcement agency; or
(b) a person authorised in writing by the Chief Commissioner of Police assisting a member or officer; or
(c) a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police assisting a member or officer—
to print or otherwise make or produce child pornography in the exercise or performance of a power, function or duty conferred or imposed on the member or officer by or under this or any other Act or at common law.
