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What Is Making Child Exploitation Material?

Under Section 228A of the Criminal Code Act 1899, making child exploitation material is a serious offence with a maximum sentence of 20 years imprisonment.

The elements of this offence are:

The term ‘child exploitation material’ extends beyond photos and videos. It can also encompass other forms, such as written fantasies. The legal definition, as per section 207A of the Criminal Code Act 1899, includes any material that offensively depicts or describes a person under 16 years in a sexual context, in a demeaning situation or being subjected to abuse, cruelty, or torture.

Making such material is viewed severely under the law, considering the broad interpretation of what constitutes exploitation. It’s a charge that demands thorough legal understanding and a robust defence strategy, given the significant penalties involved.

Man With Handcuffs On After Being Arrested For Distributing Child Exploitation Material.

Defences for Making Child Exploitation Material

Legitimate Purpose

A defence to charges relating to the making of child exploitation material exists if the accused can demonstrate:

An example of a legitimate purpose might be a medical professional documenting a child’s condition as part of medical records. However, if charged, it is the duty of the professional to present this defence. Subsequently, the prosecution is required to disprove the defence beyond a reasonable doubt. While there is potential for case conferencing, it doesn’t guarantee an automatic dismissal of charges. Each case and defence is evaluated on its individual merits.

Mistaken Age is Not a Valid Defence

A mistake regarding the age of a child is not a valid defence (Section 229).

In most instances, direct evidence of the child’s age in the material, such as an image, may not be available. It is then up to the Judge or Jury, based on their judgement and experience, to determine if the child is under 16. Conviction requires their satisfaction beyond a reasonable doubt. Understanding these defences highlights the complexities involved in cases of making child exploitation material. Given the serious nature of these charges, seeking expert legal advice is strongly advised.

What to Do If Charged with Making Child Exploitation Material?

Facing charges for making child exploitation material places you in a complex and continuously evolving legal situation. Protecting your rights becomes paramount, especially when police wish to question you regarding the matter. Immediate steps should be taken to safeguard your interests:

Have You Been Charged With Making Child Exploitation Material?

Having a well-experienced making child exploitation material lawyer is essential when dealing with these severe allegations. Our team of expert criminal lawyers at Rana Lawyers is dedicated to defending your rights and safeguarding your future. Contact us today for a free consultation.

Criminal Lawyer Shaking Hands With Client After Agreeing To Take On Their Making Child Exploitation Material Case.