What is Possession of Child Exploitation Materials?
Possession of child exploitation materials or child pornography is a major indictable criminal offence in South Australia under section 63A of the Criminal Law Consolidation Act 1935 (SA). Our team of dedicated Adelaide criminal lawyers specialise in defending individuals who are accused of possessing child pornography and child exploitation material in South Australia.
What is Child Exploitation Material?
Child exploitation material is defined as any material that depicts a person under the age of 17 engaging in sexual activity, or any material that is of a sexual nature and is intended to titillate or gratify the viewer.
Possession of Child Exploitation Materials: What is Possession?
Possession of child exploitation materials means having control over the material, regardless of whether it is stored on a device (including the cloud) or in physical form (such as books, magazines, graphic or manga novels). Simply having control over such material could lead to charges of possession of child exploitation material. Given the serious nature of the child pornography offences in South Australia, it is crucial to obtain advice from a criminal law firm specialising in child pornography offences.
Helpful Questions & Answers
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What Does the Prosecution Have to Prove?
If a person is charged under section 63A of the Act, the Office of The of Director of Public Prosecutions (DPP) must prove beyond a reasonable doubt that the accused possessed child exploitation material / pornography, knew that the material was child pornography, and intended to use the material for sexual gratification.
What Happens After Being Charged For Possession of Child Pornography?
Following a police interview and upon being charged for possession of child exploitation material, the accused appears in the Magistrates Court of South Australia, and the case is later committed to the District Court for trial or sentencing.
If you are charged with this offence, you should seek legal representation and advice at the earliest opportunity from a specialist criminal defence lawyer. Our experienced criminal lawyers can assist you with the preparation of your defence and represent you at Court hearings in the Magistrates Court, District Court and Supreme Court of South Australia.
If you are guilty of the offence, we can assist you by entering your plea of guilty and making submissions on your behalf to try and get the penalty reduced.
What Defences Exist for Possession of Child Pornography?
Our experienced criminal defence lawyers have successfully represented many individuals who were charged with possession of child exploitation material in South Australia.
Our successful outcomes in these cases relied on employing any number of defences including but not limited to:
- Accidental possession (for example due to a computer virus or malware), unsolicited material.
- Lack of awareness regarding the material’s nature.
- A genuine belief that the person depicted in the child exploitation or pornography materials was over the age of 17.
- Lack of possession.
What Are The Penalties for Possession of Child Pornography?
Understanding the penalties and consequences is essential when facing charges for possession of child pornography or child exploitation materials in Adelaide.
Penalties for Basic & Aggravated Possession of Child Exploitation Material
The maximum penalty is 12 years’ imprisonment for basic possession and 14 years for aggravated possession, depending on factors like the number of images or videos, the actual or perceived age of the child, and the intended use of the material.
What is Aggravated Possession of Child Exploitation Material?
Aggravated possession of child exploitation material includes offences where the accused knew the victim was under 14 or other general aggravating factors as per s 5AA of the Criminal Law Consolidation Act 1935, (SA).
What Are the Consequences of a Conviction For Possession of Child Pornography
Convictions for possession of child exploitation material in South Australia have lasting lifelong consequences, including:
- Lengthy terms of imprisonment.
- Fines, including payment of Court Costs, Prosecution Costs and a Victims of Crime Levy and potentially Victims of Crime Compensation.
- Having to report personal details to the Commissioner of Police under the Child Sex Offenders Registration Act 2006 (SA).
- Difficulty finding employment and housing.
- Social stigma.
- Loss of civil liberties or professional standing.
If you, or someone you know, are facing charges related to possessing child pornography and or child exploitation materials in South Australia, it is critical to book a complimentary 30-minute consultation with a criminal defence lawyer specialising in child exploitation and pornography offences in Adelaide. We will work tirelessly to protect your rights and achieve the best possible outcome for your case.
Does a Prior Criminal Record Impact Penalties for a Child Pornography Conviction?
Yes, a prior criminal record, particularly involving sex offences, may be considered by the court and could potentially lead to lengthier terms of imprisonment.
How is 'Intent For Sexual Gratification' Proven in a Child Pornography Case?
This is often proven through evidence such as communication records, search history, or testimony that shows the accused sought out, used, or shared the material for sexual purposes.
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