ENCOURAGE USE OF WEBSITE DEALING WITH CHILD EXPLOITATION MATERIAL

Any person who encourages another person to use a website, and intends the other person to use the website to deal with child exploitation material, is guilty of an offence [Criminal Law Consolidation Act 1935 (SA) s 63AB(5)].

It is not necessary for the prosecution to prove:

  • the identity of the person encouraged to use the website to deal with the material, or
  • that another person did, in fact, use the website to deal with the material, or
  • that if another person did, in fact, use the website, that it was the person’s encouragement that caused to other person to do so.

Encourage includes suggest, request, urge, induce or demand.

Maximum penalty:

10 year imprisonment