POSSESSION OF CHILD EXPLOITATION MATERIAL

Any person who is in possession of child exploitation material (child pornography) knowing of its pornographic nature; or who intends to obtain, or makes a step towards obtaining, such exploitation material is guilty of an offence.

Maximum penalty:

  • First offence:

     

    basic offence: 5 years imprisonment

     

    aggravated offence*: 7 years imprisonment

     

  • Subsequent offence:

     

    basic offence: 7 years imprisonment

     

    aggravated offence*: 10 years imprisonment

[s 63A(1) of the Criminal Law Consolidation Act 1935 (SA)].

It is a defence to this charge to prove that the material was unsolicited and that the person took reasonable steps to get rid of it as soon as they became aware of the material and its nature [s 63A(2)].

* An aggravated offence, for the purpose of this offence, includes where the offender committed the offence knowing that the victim of the offence was aged under 14 at the time [see s 5AA(1)(e)]. It can also include other general aggravating factors as set out in s 5AA.

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