s51B Involving A Child In The Production Of Child Abuse Material

Involving A Child In The Production Of Child Abuse Material in Melbourne, Victoria

Involving a child in the production of child abuse material is a particularly complex criminal charge. If you are charged with involving a child in the production of child abuse material, then you really need to see a lawyer right away. There are many exceptions and defences to this charge and you need to talk to a lawyer who can help you understand this charge and what it means and doesn’t mean.

Because this charge relies so much on the material facts of what happened, it is crucial to give your lawyer a thorough understanding of those facts.

Have you been charged with involving a child in the production of child abuse material?

Exceptions to this charge can be found if certain facts are evident. Your lawyer may ask you if you committed the alleged offence as in good faith as part of your work, whether you were authorised to produce material involving a child that has later been taken out of context. 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 also provides defences to this charge, and your lawyer will want to know if the material in question was actually not produced with a child involved, but 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 no more than two years older than the alleged victim child and the act depicted was consensual. Did you take a photo of yourself but not distribute it? 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.

What is not a defence is your opinion of whether or not the material produced was offensive to the reasonable person.

The Offence

Section 51B of the Crimes Act

The prosecution must prove:

1. The defendant intentionally involved the alleged victim in the production of material; and
2. The alleged victim is a child; and
3. The defendant knew or probably knew that the alleged victim is a child; and
4. The material is child abuse; and
5. The defendant knew or probably knew that the material is child abuse.

The Maximum Penalty

Level 5 imprisonment being a maximum of 10 years.

Where Will My Case Be Heard?

Involving a child in the production of 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 and exceptions mentioned above? If you are planning to plead guilty, what can you do to try to minimise your sentence?

What to do Next?

This is such a complex charge; you really need a lawyer to explore all the many options surrounding it. Even trying to represent yourself relating to these charges is very dangerous. You need an experienced legal advisor and representative.

If you have been charged with involving a child in the production of child abuse material, then you should call us right away to make an appointment. 03 8644 7320

The Legislation

CRIMES ACT 1958 – SECT 51B

Section 51B Involving a child in the production of child abuse material

(1) A person (A) commits an offence if—

(a) A intentionally involves another person (B) in the production of material; and

(b) B is a child; and

(c) A knows that B is, or probably is, a child; and

(d) the material is child abuse material; and

(e) 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) For the purposes of subsection (1), the ways in which A involves B in the production of material may include—

(a) inviting or encouraging B to be involved, or offering B to be involved, in the production of the material; or

(b) causing or allowing B to be involved in the production of the material; or

(c) using B in the production of the material.

Notes

1 B need not be described or depicted in the material.

2 Exceptions apply to this offence—see sections 51J, 51K and 51M.

3 Defences apply to this offence—see sections 51L, 51N, 51O, 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.

Call one of our sex offence lawyers in Melbourne for expert advice.  03 8644 7320