PRODUCTION OF CHILD EXPLOITATION MATERIAL

Any person who knowingly produces, or takes part in any stage of the production of, child exploitation material (child pornography) is guilty of an offence. It is also an offence to distribute, or take part in any stage of the distribution of, child exploitation material whilst knowing of its pornographic nature.

Maximum penalty:

  • basic offence: 10 years imprisonment
  • aggravated offence*: 12 years imprisonment

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

* 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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