Charged with a child abuse material offence? Let us help

If you or a loved one has been charged with a child abuse offence, we understand this is an incredibly stressful and overwhelming situation. We understand you may be feeling confused, anxious, and unsure of the what steps to take next. At Faraj Defence Lawyers, we understand the seriousness of the situation and are here to provide the guidance the support you need. 

Our team of experienced lawyers will listen to your case without judgement, and we will work tirelessly to defend your rights. Whether it is through challenging evidence, presenting mitigating factors, or negotiating with the prosecution, we are committed to helping you achieve the best possible outcome. 

It is crucial to seek legal advice immediately. Contact Faraj Defence Lawyers today for an initial consultation.

Why Choose Faraj Defence Lawyers?

What is child abuse material (child pornography)?

Child abuse material is defined under section 91FB of the Crimes Act 1900 (NSW) and section 473.1 of the Criminal Code act 1995 (Cth). It refers to material that depicts or describes, in any way, a person who is or appeared to be under 18 years of age engaging in a sexual pose or sexual activity, or being subjected to abuse or exploitation. This can include images, videos, drawing, or written material that is deemed to offend community standards regarding the protection of children. The material can be classified as child abuse if it:

• Depicts a child engaged in sexual activity. 

• Involves the sexual exploitation of a child

• Involves the use of a child in a way that portrays or encourages abuse or exploitation. 

The law surrounding child abuse material is strict, and even possessing, distributing, or producing such material carries severe penalties. Understanding these definitions is crucial if you are facing charges, and seeking immediate legal advice is essential.

Overview of Child Abuse Material Offences

There are several common offences related to child abuse material that individuals may face, outlined in both the Crimes Act 1900 (NSW) and the Criminal Code Act 1995 (Cth). These offences relate to the possession, production, distribution, and use of child abuse material. 

Offences under the Crimes Act 1900 (NSW) 

• Possession of Child Abuse Material – Section 91H 

  • It is an offence to knowingly possess child abuse material, whether physical or digital. 

  • The maximum term of imprisonment is 10 years. 

• Production, Dissemination, or Display of Child Abuse Material – Section 9G

  • This offence covers producing, distributing, or displaying child abuse material. 

  • The maximum term of imprisonment is 10 years 

Offences Under the Criminal Code Act 1995 (Cth)

• Using a Carriage Service for Child Abuse Material – Section 474.22

  • It is an offence to use a carriage service (e.g internet, mobile phone) to access, transmit, possess, or distribute child abuse material. 

  • The maximum term of imprisonment is 15 years 

• Accessing Child Abuse Material – Section 474.23 

  • This offence involves accessing child abuse material using a carriage service, whether through downloading or viewing. 

  • The maximum term of imprisonment is 15 years

• Importation of Child Abuse Material – Section 273.9

  • It is an offence to import child abuse material into Australia 

  • The maximum term of imprisonment is 10 years

These offences carry severe penalties, reflecting the seriousness with which the law treats child abuse material. If you or a loved one is facing charges related to these offences, it is crucial to seek expert legal assistance immediately. 
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Production, dissemination or possession of child abuse material

Regarding child abuse material offences, the terms production, dissemination, and possession are clearly defined and involved different forms of handling or engaging with child abuse material. 

Production 
‍Production refers to the creation or making of child abuse material. This can involve recording, photography, or filming any material that depicts a child in a sexually exploitative manner. Production can also include modifying existing content to create new forms of child abuse material. Producing such material is one of the most severe offences under this category, as it often involves the direct abuse or exploitation of a child. 

‍Dissemination
‍Dissemination means the distribution or sharing of child abuse material, whether through digital means, such as the internet, or physical media like printed photos or videos. This could include sending images or videos via email, social media platforms, or file-sharing websites. Dissemination also includes uploading or posting child abuse material to websites or making it available to others in any way. In this context, dissemination not only includes the exploitation of the victims but also contributes to distribution of illegal content.

‍Possession 
‍Possession involves having control or custody of child abuse material, either on a device such as a computer or phone or in physical form, like printed images. Even if the material is not only being actively viewed or shared, simply possessing child abuse material is a criminal offence. This includes having downloaded or stored such material without necessarily sharing it with others. Each of these offences carries significant legal consequence. Understanding the definitions of these terms is crucial for anyone facing these charges.
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Administering or encouraging use of a digital platform to deal with child abuse material

This offence involves the management or promotion of digital platforms, such as websites, social media groups, forums , or messaging apps, that are used to access, distribute, or engage with child abuse material. Under section 474.24D of the Criminal Code Act, it is illegal to administer or encourage others to use a digital platform for this purpose. 

Offences under this category may include:

• Hosting or moderating an online group or forum where child abuse material is shared. 

• Promoting or encouraging the use of digital platforms (e.g messaging services, clous storage) to distribute or access child abuse material. 

• Providing technical assistance or advice to facilitate the sharing of illegal content. 

The penalties for administering or encouraging the use of digital platforms for child abuse material are severe, including long term imprisonment. These laws aim to disrupt the networks that enable the distribution of this content.
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Providing information about avoiding detection

Providing information on how to avoid detection when dealing with child abuse material is a serious offence under the Criminal Code Act 1995 (Cth). This involves offering advice, guidance, or tools to help others avoid law enforcement while accessing, distributing, or producing illegal content. 

Offences in this category may include: 

• Instructing others on how to use encryption or technologies (such as VPNs or Tor) to hide their activities online

• Advising on methods to delete digital footprints, such as wiping data from files or using software to conceal illicit material. 

• Sharing tips on evading detection by authorities or avoiding detection software when sharing child abuse material

These actions contribute to the continuation of criminal activities by helping people avoid the law. The penalties for providing such information are severe.
 

Use of carriage service for child abuse material

The use of carriage service (e.g the internet, mobile networks) to access, transmit, distribute or solicit child abuse material is a common and serious offence under section 474.22 of the Criminal Code Act 1995. This offence falls under the Commonwealth law and applies to the use of any communication service that operates across state or international borders, making it one of the most commonly prosecuted offences related to child abuse material. 

Carriage services include: 

• Using the internet to download or upload child abuse material. 

• Sharing illegal content through messaging apps, email, or social media platforms. 

• Accessing websites or online forums that host child abuse material. 

Given the widespread use of digital technologies, this offence is frequently charged, with penalties including imprisonment for up to 15 years. This offence covers a wide range of digital activities that is pursued by authorities to address the online circulation of child abuse material.

What are the penalties surrounding child pornography?

Penalties for child abuse material offences are severe and depend on whether the offence falls under the State or Commonwealth law. The penalties typically range from 10 to 15 years imprisonment based on the nature of the offence. 

Penalties for Child Abuse Material Offences

• State offences: For offences such as possession, production, or dissemination of child abuse material, penalties can be up to 10 years imprisonment.

• Commonwealth Offences:  For offences like using a carriage service to access, transmit, or distribute child abuse material, penalties are harsher, with up to 15 years imprisonment.

A conviction for a child abuse material offence will likely result in being placed on the sex offender registry, which carries significant long-term consequences. This includes restrictions on employment, travel, and ongoing reporting requirements, impacting your life even after completing the sentence.

Other Penalties

In less severe cases, courts may consider alternative sentences such as: 

• Section 10 dismissal: Where the court finds the offence proven but does not record a conviction. This is uncommon in serious cases like child abuse materials. 

• Community Corrections Order: This is a good behaviour bond which could involve supervision, community service, and restrictions on behaviour as an alternative to imprisonment.

Aggravating Factors

Penalties can increase significantly for certain aggravating factors including: 

• Repeat offenders: If you have prior convictions for child abuse material offences you may face tougher sentences, with courts imposing longer imprisonment terms. 

• Organised distribution networks: If you are involved in producing or distributing material as part of a criminal network you may receive harsher penalties. 

How do I beat a child abuse material offence?

When facing a child abuse material offence in NSW, several legal defences can be used to challenge the charges, depending on the circumstances. These defences are outlines under section 91HA of the Crimes Act and Section 471.21 of the Criminal Code Act. 

Defences under Section 91HA of the Crimes ACT 1900

• Unintentional Possession: It may be argued that you were unaware the material was in your possession. This can happen in cases where the material has been unknowingly downloaded or received. 

• Law enforcement or public interest: A defence may apply if the material was accessed or used in the course of law enforcement activities, or for research or public benefits purposes. 

Defences under Section 474.21 of the Criminal Code Act 1995 

• Mistaken Identity: You may argue that you were not the person who accessed or distributed the material, potentially due to hacked accounts or shared devices. 

• Unintentional Access: It can be argued that the material was accessed unintentionally, such as through pop-ups or unknown files. 

• Public Benefits: Similar to state law, the public benefit defence applies if the material was used in the context of law enforcement, judicial proceedings, or acidic purposes.

At Faraj Defence Lawyers, we specialise in thoroughly reviewing the evidence against you and developing a defence strategy. Our experienced team is dedicated to ensuring the best possible outcome for your case.

What must the prosecution prove?

In child abuse material related offences, the prosecution carries the burden of proving several key elements beyond a reasonable doubt. They must demonstrate the follows: 

The Material is Child Abuse Material
‍The prosecution must prove that the content meets the legal definition of child abuse material. This includes proving that the material or depicts a child (under the age of 18) engaged in sexual activity, or being used in a way which exploits or abuses the child, as outlines under the Crimes Act 1900 (NSW) and Criminal Code Act 1995 (Cth). 
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‍Possession, Access or Distribution 
‍The prosecution must establish that the accused had possession, access, or distributed the material in question. Possession can be physical (images) or digital (e.g files on a device or accessed online). 

‍Knowledge
‍The prosecution must prove that you knew or were aware of the nature of the material and its content. The prosecution needs to show that you were accessing or holding illegal material, and it was not an unintentional act.

‍Intent
‍In some instances, the prosecution must also prove that you intended to produce, share, or access the material, as with offences like production or distribution.

How can Faraj Defence Lawyers Help?

At Faraj Defence Lawyers, we understand that facing child abuse material offences can be overwhelming and stressful. The legal process can be daunting and you may feel unsure of how to proceed. Our experienced team is here to support you throughout this challenging process. We will review the evidence and ensure your rights are protected throughout the entire process. Contact us today for a free initial consultation to discuss you case and ensure that you receive legal advice to properly guide you through this process.

Assisting you when you plead guilty

If you choose to plead guilty to a child abuse material offence, Faraj Defence Lawyers will work diligently to help reduce the severity of the penalties you may face. Our team will assist you in preparing mitigating evidence, such as character references and apology letters, to present to the court. 

We will also negotiate with the prosecution to potentially reduce the charges or seek more lenient sentencing options. Our goal is to ensure that you are treated fairly and that all relevant factors are taken into account to minimise the impact of the conviction.

Assisting you when you plead not guilty

If you choose to plead not guilty, Faraj Defence Lawyers will be by your side to build a strong defence. Our team will examine the evidence against you, identify weaknesses in the prosecution’s case, and explore all potential legal defences. 

We will work to challenge the allegations, cross-examine witnesses, and present evidence that supports your innocence. Throughout the process, we will provide expert legal guidance and representation in court, striving to achieve the best possible outcome for your case.

Meet the Team