The Maximum Penalty for Procurement of Minor for Child Pornography in Melbourne – How Serious is this Charge?
There is a maximum penalty of 10 years of imprisonment for anyone found guilty of the charge of Procurement of Minor for Child Pornography. This is a very serious offence which can likely result to a prison term on a finding of guilt. As it is an indictable offence, it is primarily heard in the County Court.
The legislation on Procurement of Minor for Child Pornography
Section 69 of the Crimes Act 1958 is the relevant law for Procurement of Minor for Child Pornography and is as follows:
Procurement etc. of Minor for Child Pornography
(1) A person who-
(a) invites a minor to be in any way concerned in the making or production of child pornography; or
(b) procures a minor for the purpose of making or producing child pornography; or
(c) causes a minor to be in any way concerned in the making or production of child pornography; or
(d) offers a minor to be in any way concerned in the making or production of child pornography-
is guilty of an indictable offence punishable on conviction by level 5 imprisonment (10 years maximum).
(2) It is a defence to a prosecution for an offence against subsection (1) to prove, in the case of-
(a) a film; or
(b) a photograph contained in a publication; or
(c) a computer game-
that at the time of the alleged offence the film, publication or computer game would, if classified, be classified other than RC or X or X 18+.
Pleading guilty or not guilty to Procurement of Minor for Child Pornography in a Melbourne Court
Deciding on whether to plead guilty to Procurement of Minor for Child Pornography or not has important implications for you and should be made after proper discussions with a criminal defence solicitor. If you are found guilty, there could be severe consequences.
Elements of the charge of Procurement of Minor for Child Pornography in a Melbourne Court
The Prosecution must show that the defendant invited, caused or offered a minor to be in any way concerned in, or procured a minor for the purpose of producing or making a film, photograph, publication, or a computer game. This film, photograph, publication or computer game should also be describing or depicting a person who is a minor or who appears to be a minor in an indecent sexual manner or context.
Defending the charge of Procurement of Minor for Child Pornography in a Melbourne Court
Defences that are often run in relation to these charges involve factual and identification disputes. Honest and reasonable mistake of belief may also be considered especially if the defendant was unaware of the age of the person involved. Where the purpose is not for making films or the like, lack of intent can be used. Other defences apply depending on the circumstances.
For more information on Procurement of Minor for Child Pornography, you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).
Doogue & O’Brien Melbourne can provide you more detail about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on Aug. 23, 2012 and relates to the law that it stands at this time.