Criminal Law - Child Pornography

It is a serious offence to possess or disseminate child pornography. Possession of child pornography is punished by up to 5 years imprisonment and dissemination by up to 10 years. Increasingly persons who possess or disseminate child pornography are being imprisoned irrespective of whether they have prior criminal convictions. Gaol is a real possibility for any person caught dealing with child pornography.

Child pornography is defined as material that depicts a person under the age of 16 engaged in sexual activity, a sexual context or as a victim of torture cruelty or physical abuse (whether or not in a sexual context.) Child pornography offences are serous because the material frequently depicts children in degrading situations that would often constitute serious offences.

Increasingly the police are using sophisticated means to detect and apprehend persons who deal in child pornography.  The main source of child pornography and prosecutions is the internet and increasing police both within Australia and overseas are surveilling the internet and sharing intelligence. It is simply wrong to assume that the internet is anonymous. Chat groups are routinely monitored and such surveillance then provides the basis of search warrant applications. I recently defended a person detected due his use of 'share ware' software. He was initially charged with dissemination as the soft ware on his computer shared images with an undercover police officer who was monitoring the internet. This charge was dropped after a successful written representation was made.

In addition to any penalties for the offence, the conduct is reportable conduct in terms of the child protection legislation. A conviction for a child pornography offence is defined as a serious sex offence in terms of the Commission for Children and Young Peoples Act. Any person convicted of child pornography is prohibited from attempting to obtain, undertaking or remaining in child related employment. Further, it is an offence for a prohibited person not to disclose his or her status when applying for such employment. A person remains prohibited for his or her entire life and that individual is effectively barred from any type of employment that has contact with children. A prohibited person cannot work at a school or in any capacity involving children. Effectively a conviction for child pornography will prevent an individual from working at in a wide array of jobs. An application can be made to the Commission for Children and Young People for exemption but these are rarely granted.

Anything to do with child pornography has serious consequence. Skilled and experienced legal assistance should be sought immediately. A prosecution for child pornography has consequences that can last a life time.